About Small Estate Affidavit
To obtain distribution of a decedent's estate assets without formal administration when the estate value is $75,000 or less and the decedent died without a will.
When you'd use it: When a decedent's estate is small (≤$75,000 excluding homestead and exempt property), more than 30 days have passed since death, and no formal probate administration is necessary or pending.
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: lubbockcounty.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's estate is small (≤$75,000 excluding homestead and exempt property), more than 30 days have passed since death, and no formal probate administration is necessary or pending. 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).