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
Document previewPDF · 3 pages
First page of the generated Small Estate Affidavit sample PDF

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.

You don't have to start with a blank form.

Legacywyse uses your estate details to prepare the documents specific to your probate path.

Build my free plan
  1. Tell us about the estate

    Answer questions about the will, family, assets, and county. Your answers help identify the likely probate path.

  2. Save your plan and open your workspace

    Create your free account to keep your checklist and supported document drafts in one place.

  3. Review the draft, then take the next step

    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.

Get the first three days checklist.

We'll email you a free 6-page guide to the first three days after a loss.

Filing fees by county

Fees to open the probate case. Confirm with the county clerk before filing.

Filing fees by county
CountyFiling fee
Dallas County$360
Tarrant County$360
Collin County$358
Denton County$358
Harris County$387
Travis County$350
Bexar County$365

Let's take the next step together.

Answer a few questions about your situation, and we'll help you through what comes next.

Get started for free