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What is a small estate affidavit in Texas, and who can use one?
By Mickie Byrd · updated 2026-07-27
When a person dies without a will and the estate is small, Texas offers a shorter path. The Texas Estates Code allows a small estate affidavit, a sworn document filed with the court instead of opening an administration.
The Estates Code sets the size limit at $75,000, not counting the homestead and other exempt property. The estate must also have more assets than debts, and there must be no will and no pending application to appoint an administrator.
The affidavit is signed by the people who inherit under Texas law and by two disinterested witnesses. Once a judge approves it, it can be shown to banks and others holding the property.
There is a limit worth knowing. The affidavit is generally used for personal property and the homestead. It does not transfer other real estate, so land beyond the homestead usually needs a different route.
Whether an estate fits inside these conditions is a legal question about that estate. Court clerks can supply the form, and an attorney can say whether the facts qualify.
Common questions
- What is the size limit?
- The Texas Estates Code sets it at $75,000, not counting the homestead and other exempt property.
- Can it be used when there is a will?
- No. This procedure is for an estate with no will. An estate with a will uses a different route, such as a muniment of title or a full administration.
- Does it transfer a house?
- It can address the homestead, but it generally does not transfer other real estate. Land beyond the homestead usually needs another procedure.