A Texas small estate affidavit is a sworn statement that lets the heirs of a person who died without a will claim the estate without a personal representative.[1.1] It works only when the estate assets are worth $75,000 or less, and the homestead is not counted. Download the free form as a PDF or fill it out online.
Last Updated: October 2026. This guide is reviewed and updated regularly to reflect current Texas law. If you notice an error or outdated information, please contact us.
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Under Texas law, Chapter 205 of the Texas Estates Code lets the distributees of a person who died without a will claim the estate without waiting for a personal representative. The estate assets must not exceed $75,000, and 30 days must have passed since the death.[1.1]
The statute sets these conditions for the small estate procedure:
The decedent died intestate, which means without a will.[1.1]
30 days have elapsed since the date of the decedent’s death.[1.1]
No petition for the appointment of a personal representative is pending or has been granted.[1.1]
The value of the estate assets on the date of the affidavit, excluding homestead and exempt property, does not exceed $75,000.[1.1]
An affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate.[1.1]
The judge approves the affidavit as provided by Section 205.003.[1.1]
The distributees are entitled to the estate only to the extent the estate assets exceed the known liabilities of the estate. The homestead, other property the law protects, and any liabilities secured by them are left out of that comparison.[1.1]
Section 205.002 says who must swear to the affidavit. Two disinterested witnesses must swear to it, and so must each distributee who has legal capacity. If the facts warrant it, the natural guardian or next of kin of a minor distributee must swear to it as well, or the guardian of any other incapacitated distributee.[1.2]
The distributees must also give a copy of the affidavit, certified by the court clerk, to each of these people:
A person who owes money to the estate
A person who has custody or possession of estate property
A registrar, fiduciary, or transfer agent of or for an evidence of interest, indebtedness, property, or other right belonging to the estate[1.3]
Land and buildings have their own rule. Except as Section 205.006 provides, Chapter 205 does not transfer title to them.[1.4]
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How to Fill Out the Small Estate Affidavit Form
The steps below follow the Texas small estate affidavit form on this page, from the case heading on page 1 to the disinterested witness blocks on page 9. Fill in each part in the order the form shows it. You can create the form online, print the PDF and write it by hand, or fill in the PDF with the FormsPal PDF editor.
The screenshots under each step show the FormsPal Texas small estate affidavit template filled with sample entries in blue, so you can see where each answer goes. The names, addresses, dates and amounts are examples only.
Gather this information before you start. Each item has a place on the form.
The date of death and the county where the person died, and the county where the person lived
A list of the assets with a description and the dollar amount of each one
A list of the debts with the creditor and the balance due
The names and birth dates of the spouse, children, parents, sisters and brothers the family history asks about
The name, address, telephone number and email of each distributee
Two disinterested witnesses and a notary for the signature blocks on pages 8 and 9
Case heading: number, court and county: At the top of page 1, enter the cause number and the court number, check Probate Court or County Court/County Court at Law, and write the county. Write the decedent’s name on the Estate of line.Step 1: sample entries, not a real document.
Items A to H: death, residence and Medicaid: Write the decedent’s name, the day, month and year of death and the county of death in A, and the county of residence in C. Items B, D, E, F and G are printed statements. In H, check only the one Medicaid box that matches.Step 2: sample entries, not a real document.
Item I: list of assets: In the first column describe each asset with enough detail to identify it, such as the bank name and last four digits of the account number, or the car description plus VIN. Enter the value of the decedent’s interest in the second column (the form says an asset of “unknown” value cannot be approved) and use the third column for community or separate property and any exempt assets.Step 3: sample entries, not a real document.
Item I continued and Item J: debts: Use the extra asset row at the top of page 3 if the list runs on, and note on the form that it continues. In J, list each debt with the creditor and account in the first column and the balance due in the second. Write “none” if there are none.Step 4: sample entries, not a real document.
Attorney’s fees and Family History #1: marriage: At the top of page 4, enter the attorney’s fee amount and who paid or will pay it, only if you did not list the fee as a liability in J. In Family History #1 check single or married and, if married, write the spouse’s name and the date of marriage.Step 5: sample entries, not a real document.
Family History #2: children: Check the first box if the decedent had no children (the form then says to skip to #4). Otherwise, check the second box. List every child with the name, the birth date if known and the name of the child’s other parent.Step 6: sample entries, not a real document.
Family History #3: children who died before the decedent: Check the first box if all children were alive when the decedent died. Otherwise list each child who died first with the other parent in parentheses, the date of death and that child’s own children, and use the second table for children who died without descendants.Step 7: sample entries, not a real document.
Family History #4: parents: Check one box: both parents survived (write mother and father), one parent survived (write that parent, the other parent and the date of death), or both died first. The form says #4 and #5 can be skipped if the decedent was survived by children, grandchildren or great-grandchildren.Step 8: sample entries, not a real document.
Family History #5: sisters and brothers who were alive: If this part applies, check the box and list each brother or sister alive on the date of death, including half-siblings, with full or half and the birth date. Write “none” if there are none.Step 9: sample entries, not a real document.
Family History #5: sisters and brothers who died first: Check the box and list each brother or sister who died before the decedent with the date of death in parentheses, full or half, and their children (the decedent’s nieces and nephews) with birth dates. Write “none” if there are none.Step 10: sample entries, not a real document.
Item L: heirs and their shares: Everyone fills out this chart: for each distributee write the name, address, telephone number and email, then the share in each of the three columns (separate personal property, separate real property, community property). The Family History #6 note above the chart asks for a separate page if the decedent was survived by none of the listed relatives.Step 11: sample entries, not a real document.
Item M: first distributee’s affidavit: Write the county clerk’s county in the “We pray” line, then the state, county and estate name, and have the distributee print the name and sign. The distributee signs before the notary in the “Sworn to and subscribed” block, which takes the date and the notary’s state.Step 12: sample entries, not a real document.
Item M: second distributee’s affidavit: Repeat the same block for the second distributee: state, county, estate name, printed name, signature, then the sworn date and the notary block. The form says to add signature pages for any further distributees.Step 13: sample entries, not a real document.
Item N: first disinterested witness: On page 9, write the state, county and estate name, then the first witness prints the name and signs. The witness signs before the notary in the “Sworn to and subscribed” block, which takes the date and the notary’s state.Step 14: sample entries, not a real document.
Item N: second disinterested witness: Repeat the block for the second witness: printed name, signature, then the sworn date and the notary block with the notary’s state.Step 15: sample entries, not a real document.
Texas sets a $75,000 limit for the small estate procedure, and the affidavit goes to the clerk of the court that has jurisdiction over the estate.[1.1] The two answers below give the detail and name the section of the Texas Estates Code behind each rule.
What is the threshold for a small estate affidavit in Texas?
Under Texas law, the limit is $75,000. The value of the estate assets on the date of the affidavit, excluding homestead and exempt property, must not exceed that amount.[1.1]
Does a small estate affidavit have to be filed?
Yes. Under Section 205.001 of the Tex. Est. Code, an affidavit that meets the requirements of Section 205.002 must be filed with the clerk of the court that has jurisdiction and venue of the estate.[1.1]
Mara has been practicing estate planning and trust law in California since 2003, taking pride in helping clients of all backgrounds and asset profiles form a complete and customized estate plan. Her specialties are: estate planning, wills and trusts, trust and probate administration.
