Small estate affidavit
May fit certain no-will estates that meet Texas value, debt, timing, and heirship requirements.
Without a will, Texas probate turns on heirs, assets, and debts.
Legacywyse helps identify whether a small estate affidavit, affidavit of heirship, or administration may fit before it drafts documents.
Start the questionnaireHeirship affidavit
May help with real property when the facts support recording outside probate court.
Administration
May be needed when authority is required, heirs disagree, debts are complicated, or assets need management.
First questions
- Did the person die without any valid will?
- Who are the heirs under Texas law?
- Is the estate small enough for a small estate affidavit?
- Is the main asset real property, or are there accounts and debts requiring authority?
How documents are handled
- Legacywyse does not publish blank public forms for these pages.
- The guided workflow collects the estate facts first.
- Supported packets are generated privately after the likely path is identified.
- County details are shown for the seven supported Texas counties.
Small estate affidavit vs. affidavit of heirship
Both tools can appear in no-will Texas estates, but they solve different problems and neither creates broad executor authority.
| Question | Small estate affidavit | Affidavit of heirship |
|---|---|---|
| Primary job | Court-approved transfer for a qualifying small no-will estate | Recorded family-history proof for real property title |
| Court filing | Filed with probate court | Recorded in real property records |
| Asset fit | Limited estate value and debt requirements | Real-property title issue, often when no administration is needed |
| Authority | Limited transfer order, not full administration | No Letters and no executor appointment |
| Legacywyse workflow | Eligibility check, heir facts, asset and debt schedule | Heir facts, property details, witness and recording checklist |
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
Dallas County
Dallas County Probate Courts in Dallas
Tarrant County
Tarrant County Probate Courts in Fort Worth
Collin County
Collin County Probate Court 1 in McKinney
Denton County
Denton County Probate Courts in Denton
Harris County
Harris County Probate Courts in Houston
Travis County
Travis County Probate Courts in Austin
Bexar County
Bexar County Probate Courts in San Antonio