About Small Estate Affidavit
Allows distributees/heirs of a small estate (under $75,000 in non-exempt assets) to obtain authority to collect and distribute estate property without formal probate administration.
When you'd use it: When a decedent dies intestate with an estate not exceeding $75,000 in non-exempt assets, at least 30 days after death, and no personal representative has been appointed.
Where to get the official form
The official version of Small Estate Affidavit is published as a PDF by the Texas courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Verified official PDF
Download Small Estate Affidavit (PDF) →
Source: collincountytx.gov
Link last checked: June 27, 2026
How to file Small Estate Affidavit in Texas
- Step 1 — Confirm you have the correct formUse Small Estate Affidavit when when a decedent dies intestate with an estate not exceeding $75,000 in non-exempt assets, at least 30 days after death, and no personal representative has been appointed. Double-check it's the right form for your situation — Texas probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Small Estate Affidavit carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Small Estate Affidavit to the probate court or county clerk handling the estate — usually in the Texas county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).