About Small Estate Affidavit
To allow distributees of a small estate (under $75,000 in non-exempt assets) to collect and distribute estate assets without formal probate administration.
When you'd use it: When a decedent died intestate (without a will), more than 30 days have passed, no administration is pending, and the estate assets do not exceed $75,000 in value.
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: cameroncountytx.gov
Link last checked: May 31, 2026
How to file Small Estate Affidavit in Texas
- Step 1 — Confirm you have the correct formUse Small Estate Affidavit when when a decedent died intestate (without a will), more than 30 days have passed, no administration is pending, and the estate assets do not exceed $75,000 in value. 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).