Small Estate Affidavit

This page is for educational purposes only and is not legal advice. Forms and requirements change frequently — verify the current version with your local probate court or an attorney.

Last updated: June 1, 2026
First page of Small Estate Affidavit

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About Small Estate Affidavit

Allows distributees of a small estate (under $75,000) to obtain estate assets without formal probate administration by affidavit under Texas Estates Code Chapter 205.

When you'd use it: When a decedent died intestate, more than 30 days have passed since death, assets do not exceed $75,000 (excluding homestead and exempt property), and no administration is pending or necessary.

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: co.houston.tx.us

Link last checked: May 31, 2026

How to file Small Estate Affidavit in Texas

  1. Step 1 — Confirm you have the correct formUse Small Estate Affidavit when when a decedent died intestate, more than 30 days have passed since death, assets do not exceed $75,000 (excluding homestead and exempt property), and no administration is pending or necessary. 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.
  2. 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.
  3. 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.
  4. 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).

Working through the Small Estate Affidavit? SwiftProbate builds a personalized, step-by-step checklist for settling the estate — so you know which forms to file, in what order, and by when.

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Probate in Texas

See the full Texas probate guide for filing deadlines, small-estate options, timelines, costs, and county courthouse details.

Read the Texas probate guide →

Frequently Asked Questions

What is Small Estate Affidavit?
Allows distributees of a small estate (under $75,000) to obtain estate assets without formal probate administration by affidavit under Texas Estates Code Chapter 205. You'd typically use it when when a decedent died intestate, more than 30 days have passed since death, assets do not exceed $75,000 (excluding homestead and exempt property), and no administration is pending or necessary.
Where do I file Small Estate Affidavit in Texas?
Probate forms are filed with the probate court or county clerk in the Texas county where the deceased person lived. Our Texas probate guide can help you find the right courthouse, filing fees, and local requirements.
Do I need a lawyer to complete Small Estate Affidavit?
Many people complete probate forms themselves, especially for smaller or uncontested estates. Complex estates may benefit from professional advice. SwiftProbate is an informational tool that helps you understand and organize the process — it is not a law firm and does not provide legal advice.
Is Small Estate Affidavit available online?
Most Texas probate forms are published as PDFs by the state courts or the county clerk. You can find the official source linked above.

Other Texas Probate Forms

Heirship Setting Request Form - REGULAR DOCKETAffidavit of Waiver of Notice and Citation – Probate of a Will More than Four Years after Decedent's DeathOrder Authorizing Appointee FeesCitation to All Persons Interested in the Estate (Final Account of Temporary Administrator)

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Disclaimer: This page is for informational purposes only and does not constitute legal advice. Probate forms and requirements vary by state, county, and individual circumstances, and change over time. Always verify the current form and instructions with your local probate court, and consult a qualified attorney for advice specific to your situation. SwiftProbate is not a law firm and does not provide legal representation.