Small estate affidavit in Travis County

Legacywyse drafts the affidavit from your answers, with Travis County Probate Court details built in. You review it, sign with two disinterested witnesses before a notary, and file.

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Direct answer

A small estate affidavit in Travis County is filed with Travis County Probate Court and the filing fee runs about $350. It fits no-will estates worth $75,000 or less, excluding the homestead and exempt property, at least 30 days after death. No hearing: the judge reviews the affidavit and signs an order if it qualifies.

Travis County Probate Court

200 W 8th St, Austin, TX 78701. Phone (512) 854-9258. Filing fee for this path: about $350.

Reference cost

$360-$500 all-in for this path, including the filing fee, certified copies, and notary work. No attorney fee assumed.

Reference timeline

30-60 days for most estates on this path. No hearing is required on this path.

When this path fits

  • 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)

How it works in Travis County

  1. Wait 30 days after death

    Texas Estates Code §205.001 requires at least 30 days after death before anyone can file a Small Estate Affidavit.

  2. Identify two disinterested witnesses

    Find two people who knew the decedent and inherit nothing from the estate. They'll sign the affidavit under oath.

  3. Prepare the Small Estate Affidavit

    Include a sworn list of assets and debts, a family history tree, and the distribution that Texas intestacy law requires. Every distributee signs before a notary.

  4. File with Travis County Probate Court

    The filing fee runs about $350. File in person at 200 W 8th St, Austin, TX 78701 or through eFileTexas.gov. Heard by Travis County Probate Court.

  5. Wait for judge approval

    No hearing is required. The judge reviews the affidavit and signs an order if it passes. Expect 2-4 weeks.

  6. Present the certified SEA to asset holders

    Bring a certified copy of the approved affidavit and a death certificate to each bank or asset holder. They transfer title to you.

  7. File for homestead transfer (if applicable)

    The approved SEA covers bank accounts and personal property, but it does little for real property. If there's a homestead, you may still need an Affidavit of Heirship in the Real Property Records.

Travis County offices and details

Travis County Probate Court

200 W 8th St, Austin, TX 78701

(512) 854-9258

Court website

Local references

Lawyer referrals: Travis County bar association.

Filing fee for this path: about $350. Counties update fee schedules, so re-verify before you file.

Worth knowing in Travis County

Travis has a single statutory probate court — expect tighter scheduling than the multi-court counties.

Small estate affidavit fees across supported counties

Filing fees from each county's published fee schedule. Fees change, so re-verify before filing.

CountyFiling feeCourt
Dallas County$360Dallas County Probate Courts
Tarrant County$360Tarrant County Probate Courts
Collin County$358Collin County Probate Court
Denton County$358Denton County Probate Court
Harris County$387Harris County Probate Courts
Travis County$350Travis County Probate Court
Bexar County$365Bexar County Probate Courts

Common questions

How much does a small estate affidavit cost in Travis County?

The Travis County filing fee runs about $350. As a reference range, total cost for this path lands around $360-$500 depending on certified copies, notary work, publication, and any attorney fees. Counties update fees, so re-verify before filing.

Where do I file in Travis County?

With Travis County Probate Court, 200 W 8th St, Austin, TX 78701, or online through eFileTexas.gov. The court's phone number is (512) 854-9258.

Is there a hearing?

No. The judge reviews the filing without a hearing and signs an order if it qualifies. Expect 2-4 weeks for review.

How long does a small estate affidavit take?

The reference timeline is 30-60 days. Travis County has a single statutory probate court, so its calendar sets the pace.

Do I need a lawyer for a small estate affidavit in Travis County?

Most families prepare and file this themselves. The Travis County court still decides whether the affidavit meets the statute, so review it before filing and get legal advice if heirs, debts, or assets are unclear.

Review note

Updated July 7, 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.

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