Texas probate · Document guide
Small Estate Affidavit
A sworn statement that lets eligible heirs collect a small Texas estate without appointing an administrator. The person must have died without a will, and qualifying assets cannot exceed $75,000, excluding the homestead and exempt property. A judge must approve it, and other eligibility rules apply.
Texas Estates Code, Chapter 205
Where it goes
File with the court clerk in the appropriate county for a judge to review and approve. This is a court process.
Who signs
The heirs, or others legally permitted to sign for them, and two witnesses with no financial interest sign the affidavit. A judge approves it separately.
Oath or notarization
The people making the sworn statements sign before a notary. Any court approval is separate.
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Add the remaining details and review your document. Follow the instructions for signatures, notarization, or court review when required. You handle filing.
What to have on hand
Death details
The person's full name, date of death, and last address. A death certificate can help confirm these.
Family records
Names and contact details for the spouse, children, and other heirs, along with marriage and family history.
Assets and debts
Bank statements, property values, unpaid bills, and other records of what the person owned and owed.
Witness details
Names and contact details for people who know the relevant facts, and notes about how they know them.
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Filing fees by county
Fees to open the probate case. Confirm with the county clerk before filing.
| County | Filing fee |
|---|---|
| Dallas County | $360 |
| Tarrant County | $360 |
| Collin County | $358 |
| Denton County | $358 |
| Harris County | $387 |
| Travis County | $350 |
| Bexar County | $365 |
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