✓ Verified June 2026
This guide explains the Texas small estate affidavit in plain English — the exact dollar limit, whether real estate counts, the waiting period, and how to use it to skip full probate. The threshold is verified as of June 2026 (these limits change with inflation).
In This Texas Guide:
Texas Small Estate Eligibility at a Glance
Here are the exact rules for using a Texas small estate affidavit:
| Small estate affidavit limit | $75,000 (effective September 1, 2023 (HB 2196, 88th Texas Legislature — increased from 50000; UNVERIFIED exact bill number)) |
| Real estate excluded? | NO — the small-estate affidavit can transfer the decedent’s homestead, but ONLY if: (1) the homestead is the only real property owned by the decedent, and (2) it passes solely to the surviving spouse and/or minor children who were living on the property at the time of death (Texas Estates Code Section 205.007). Non-homestead real property cannot be transferred by small-estate affidavit. |
| Waiting period after death | 30 |
| Summary probate threshold | N/A — Texas does not have a separate dollar-capped summary probate process. Texas offers Muniment of Title (Estates Code Chapter 257) as a simplified probate for testate estates with no unpaid unsecured debts, but it has no dollar limit. |
| Transfer-on-death (TOD) deed allowed? | YES — Texas has allowed Transfer-on-Death Deeds (TODDs) for real property since September 1, 2015, under Texas Estates Code Chapter 114. The deed must contain a statutory warning notice (Section 114.051), must be signed before a notary, and must be recorded in the county clerk’s office before the transferor’s death. It is revocable during the owner’s lifetime. After death, an Affidavit of Death is filed in property records to complete the transfer. |
How to File a Texas Small Estate Affidavit
1. Wait at least 30 days after the decedent’s death. 2. Confirm the decedent died intestate (without a valid will). 3. Confirm no petition for appointment of a personal representative is pending or has been granted. 4. Calculate the estate value excluding homestead and exempt property under Texas law; confirm total is 75000 or less. 5. Confirm the estate is solvent (total assets exceed total debts). 6.
Prepare the small-estate affidavit listing all known assets, all known debts, and names and addresses of all distributees (heirs under intestacy). 7. Have all distributees with legal capacity sign the affidavit. 8. Have two disinterested witnesses (age 18+, not heirs) sign and swear to the affidavit before a notary public; witnesses must have personal knowledge of the family history and facts stated. 9.
File the affidavit with the clerk of the court that has probate jurisdiction over the estate. 10. A judge reviews and approves or denies the affidavit. 11. If approved, the affidavit serves as legal authority to collect and distribute estate assets without a formal probate administration.
Who can file in Texas: All distributees (heirs under Texas intestacy law) of a decedent who died without a valid will. Each distributee with legal capacity must sign the affidavit. A parent or legal guardian may sign on behalf of a minor distributee.
The decedent must have died intestate — if there is a will, even if informal, the small-estate affidavit process cannot be used (Muniment of Title may be available instead for testate estates).
Other Ways to Avoid Probate in Texas
Revocable living trust (Texas Property Code Title 9) — assets held in trust bypass probate entirely and the grantor retains control during their lifetime. Lady Bird deed (enhanced life estate deed) — recognized under Texas common law, transfers real estate at death while the owner retains full control during lifetime including the right to sell, mortgage, or revoke.
Joint ownership with right of survivorship (Estates Code Chapter 111) — property passes automatically to the surviving owner, but Texas requires express written survivorship language.
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Community property survivorship agreement (Estates Code Chapter 112, Sections 112.001–112.054) — a written agreement signed by both spouses providing that community property vests in the surviving spouse at the first death without a court order; revocable by written agreement, written notice to the other spouse, or disposition of the property.
Payable-on-death (POD) and transfer-on-death (TOD) designations on bank accounts, brokerage accounts, life insurance, IRAs, and 401(k)s — pass directly to named beneficiaries outside probate. Multi-party accounts with survivorship rights (Estates Code Chapter 113).
Other Texas small-estate rules: The estate must be solvent — total assets must exceed total debts; if the estate is insolvent, a small-estate affidavit cannot be used. Homestead and property exempt under Texas law are excluded from the 75000 threshold calculation, meaning someone may own a home outright and still qualify if other non-exempt assets are at or below the limit.
The approved affidavit constitutes a local government record maintained by the county clerk (Section 205.006). Texas also offers Muniment of Title (Estates Code Chapter 257) as a simplified probate for testate estates with no unpaid unsecured debts — no dollar limit, no personal representative appointed, and must be filed within 4 years of death.
Texas community property survivorship agreements (Chapter 112) are a unique spousal probate-avoidance tool not available in most states.
Understanding the Texas Small Estate Affidavit
A Texas small estate affidavit can let a family skip full probate entirely when the estate is below the state limit. The exact Texas threshold above is the figure that decides eligibility — and because these limits change with inflation, using the current number matters. Filing a Texas small estate affidavit is usually far faster and cheaper than formal probate, often resolving in weeks instead of months.
Your state court’s self-help center publishes the official Texas small estate affidavit form and the current dollar limit.
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Official Texas Sources & Resources
- Texas Court Self-Help: https://texaslawhelp.org/toolkit/i-want-use-small-estate-affidavit-probate-estate-0
- Texas Small Estate Statute: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm
- Internal Revenue Service — Estate Tax: irs.gov
- Cornell Legal Information Institute: law.cornell.edu/wex
This Texas small-estate guide was last verified against official sources in June 2026. Thresholds change with inflation — verify the current limit with your state court.
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Disclaimer: This guide is informational only and is not legal or tax advice. Estate, probate, and tax laws change and vary by state and county. Verify current rules and dollar figures with your state’s court, statute, or a licensed attorney or tax professional before acting. For urgent matters like an active probate or a tax deadline, consult a licensed professional in your state right away.