Texas Small Estate Affidavit
The $75,000 "Homestead" Secret
If the estate is small, you might skip the lawyers. Learn how the "Homestead Exclusion" makes Texas probate unique.
Legal Disclaimer: This guide explains Texas Estates Code Chapter 205 procedures. It is for educational use only and is not legal advice. Probate judges in Texas have strict requirements. Consult an attorney before filing.
The Texas Advantage
In many states, if you own a house, you are automatically forced into expensive probate. Texas is different. Texas law (Estates Code Chapter 205) is incredibly generous when it comes to the family home.
The Small Estate Affidavit (SEA) allows heirs to transfer property without a full probate administration, but only if specific conditions are met. It is faster, cheaper, and less stressful—but the math must be perfect.
The Limit
$75,000 in assets.
Does NOT include the value of the Homestead.
The Requirement
No Will (Intestate).
If there is a Will, you cannot use this affidavit.
The "Homestead Exclusion" Explained
This is where Texas shines. When calculating the $75,000 limit, you do NOT count the value of the decedent's homestead (primary residence) if it is inherited by a spouse or minor child living there.
This means a person could die owning a $500,000 house and a $10,000 bank account, and they would still qualify as a "Small Estate" because only the $10,000 counts toward the limit.
The Calculation Checklist (Texas Rule)
| Asset Category | Counts towards $75k? | Notes |
|---|---|---|
| Homestead (Family Home) | NO | Excluded if passing to spouse/minor child. |
| Exempt Property | NO | Furniture, cars (for family use), livestock (up to 25 head). |
| Bank Accounts | YES | Unless there is a POD beneficiary listed. |
| Investment Land | YES | Any real estate that is NOT the homestead counts. |
Crucial Warning: Solvency
To use the SEA in Texas, the estate must be solvent. This means the assets (excluding homestead/exempt property) must be greater than the debts. If the deceased owed more than they owned, you cannot use this form.
How to File (The Process)
Unlike some states where you just hand a form to a bank, Texas requires a judge's signature. It is a mini-court process.
- Wait 30 Days: You cannot file until 30 days have passed since the death.
- Fill the Form: Complete the Small Estate Affidavit form provided by your specific county (e.g., Harris, Dallas, Travis). Every county has slight formatting differences.
- Get Signatures: It must be signed by:
- Two disinterested witnesses (people who don't get money).
- All heirs who are inheriting.
- A Notary Public.
- File with Clerk: Submit to the county clerk and pay the filing fee (approx $250 - $350).
- Judge's Approval: The judge reviews it. If approved, they sign an Order.
- Collect Assets: Take the certified copy of the Order to the bank or DMV to transfer titles.
Frequently Asked Questions
Can I use this if there is a Will?
No. The Small Estate Affidavit in Texas is only for intestate estates (no Will). If there is a Will, you must probate the Will, usually as a "Muniment of Title" if the estate is small.
Does this transfer the house title?
Yes, but only for the Homestead. The approved Affidavit acts like a deed transfer. However, if the deceased owned rental property or vacant land, the SEA cannot transfer it; you will need full probate.
Is the Estate Too Complex?
If assets exceed $75,000 or there is a Will, you likely need standard probate. Use our 2026 calculator to see what it will cost in Texas.
Advertising Disclosure & Legal Disclaimer: FinanceSmartUSA is an independent publisher. We are not a law firm. The "Small Estate" limit ($75,000 excluding homestead) refers to Texas Estates Code Chapter 205. Court fees and procedures vary by county (Harris, Dallas, Tarrant, etc.). Always verify with the local county clerk.
