Where to file
Filed with the county clerk, not the probate court.
Small Estate Affidavit
Legacywyse gives you everything a first-time executor needs: the recommended probate process for your situation, realistic costs and timelines, and pre-filled court documents — including the small estate affidavit.
Start the questionnaireDirect answer
A way to collect a small estate without opening a probate case. If the person died without a will and left less than $75,000 in assets (not counting the home and basic personal belongings), the heirs can use this sworn statement to collect money and transfer property once a judge approves it. Filed with the county clerk, signed in front of a notary, with two witnesses who won't inherit anything confirming the family facts.
Signatures
Distributee #1, Disinterested witness #1, Disinterested witness #2 and Judge sign.
Notarization
Every signer signs before a notary. Legacywyse plans include virtual notary sessions for supported counties.
What's in the document
Legacywyse fills in from your answers
- Decedent full name
- Date of death
- Last residence
- County
- Estimated estate value (excl. homestead/exempt)
- Surviving spouse
- Has children
You complete
- Distributee 1 name
- Distributee 1 address
- Capacity signer name
- Represented distributee
- Capacity to sign
- Legal description of homestead / key real property
- Family history / heirship narrative (hearsay statements)
Case filing fees by county
These are the county fees to open the underlying probate case, from each county's published schedule. For the cost of filing this document into a case that is already open, check the clerk's fee schedule. Fees change, so re-verify before filing.
| County | Small Estate | Court |
|---|---|---|
| Dallas County | $360 | Dallas County Probate Courts |
| Tarrant County | $360 | Tarrant County Probate Courts |
| Collin County | $358 | Collin County Probate Court 1 |
| Denton County | $358 | Denton County Probate Courts |
| Harris County | $387 | Harris County Probate Courts |
| Travis County | $350 | Travis County Probate Courts |
| Bexar County | $365 | Bexar County Probate Courts |
Common questions
Where does the Small Estate Affidavit go?
Filed with the county clerk, not the probate court.
Who signs the Small Estate Affidavit?
Distributee #1, Disinterested witness #1, Disinterested witness #2 and Judge sign. Every signer signs before a notary.
Which Texas probate paths use this document?
It belongs to the small estate affidavit path.
Does Legacywyse prepare this document?
Yes. Legacywyse generates it from your questionnaire answers inside the private workspace, with the county details filled in. You review it, sign where required, and file it. Legacywyse is not a law firm, and this page is general information, not legal advice.
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.
Keep reading
Small estate affidavit in Texas: the statewide guideReceipt and Release: what it isRequest Court-Ordered Examination of Safe Deposit Box: what it is
Small estate affidavit, county by county
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