Texas Small Estate Affidavit: Step-by-Step Process (2026)

If your Texas estate is under $75,000 and contains no real property, you can settle it without probate court using a small estate affidavit. This guide explains how.

Who Qualifies

You can use the small estate affidavit if:

• Probate assets total $75,000 or less
• No real property is owned solely by the decedent
• At least 30 days have passed since death

Timeline: 30-Day Wait, Then 2-4 Weeks to Close

Day 0: Death occurs.

Day 30 or later: File the affidavit and begin the transfer process. Most assets transfer within 1-2 weeks after filing.

Total time: 4 to 6 weeks (vs. 6 to 12 months for full probate).

Step-by-Step Process

Step 1: Wait 30 Days

Texas requires a 30-day waiting period after death. You cannot file the affidavit before this date.

Step 2: Gather Documents

• 10-15 certified death certificates
• Original will or certified copy (if any)
• Asset list with values
• Beneficiary information
• Your identification

Step 3: Determine Distribution

If there's a will, it governs. If not, Texas intestacy law applies: spouse and children share equally, then parents, then siblings.

Step 4: Prepare the Affidavit

Swear under oath that:

• The decedent has died
• Probate assets total $75,000 or less
• No real property is in the estate
• List of assets and beneficiaries

Step 5: Get Notarized

Have the affidavit notarized ($5-20 per signature).

Step 6: Deliver to Institutions

Take the notarized affidavit, death certificates, and institution-specific forms to each bank, brokerage, or other asset holder. The institution releases the asset to the beneficiary.

Step 7: Collect Receipts

Keep receipts from each transfer.

Cost

Item	Cost
Death certificates (10)	$150 - $250
Notary fees	$10 - $30
Document copies	$20 - $50
Postage and misc.	$30 - $50
Total	$210 - $380

This is far less than full probate ($5,000-$15,000+).

Common Mistakes to Avoid

• Filing before 30 days have passed
• Including real property
• Not getting the affidavit notarized
• Forgetting to count assets toward the $75,000 limit
• Not ordering enough death certificates upfront

Unsure If You Qualify?

Use our free small estate eligibility checker to confirm.

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Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For specific questions about Texas small estate procedures, consult an attorney licensed in Texas.