A Texas small estate affidavit only works for certain no-will estates.

Small Estate Affidavit can be the fastest Texas probate route, but only when the estate meets value, debt, timing, and heirship requirements.

Start the questionnaire

Fit check

Legacywyse starts by sorting the facts that determine which Texas probate path appears to fit.

County steps

Supported counties show local court, clerk, and filing details. Typical filing fee range: $350-$387.

Private packet

The document packet is generated inside the questionnaire flow, not published as public blank forms.

When it may fit

  • No will (died intestate)
  • Total estate value ≤ $75,000 (excluding homestead and exempt property)
  • At least 30 days have passed since death
  • No pending application for appointment of a personal representative
  • Estate assets exceed known debts (not counting debts secured by exempt property)

What can change the answer

  • It generally does not apply when there is a valid will.
  • Known debts and exempt-property rules matter.
  • The court may reject an affidavit that does not clearly identify heirs and assets.

Review note

Updated June 28, 2026. Legacywyse links to Texas court, statute, tax, and county sources when a guide discusses filing, authority, taxes, or local probate process. The content is general information, not legal advice.

Supported Texas counties

Related Texas probate pages