About Small Estate Affidavit
Allows distributees and disinterested witnesses to transfer assets of a decedent's estate without court-supervised administration when the estate value does not exceed $75,000 and other statutory conditions are met.
When you'd use it: File this affidavit when a decedent died without a will, the estate assets total $75,000 or less (excluding homestead and exempt property), more than 30 days have elapsed since death, and no administration is 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:
Download Small Estate Affidavit (PDF) →
Source: traviscountytx.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 file this affidavit when a decedent died without a will, the estate assets total $75,000 or less (excluding homestead and exempt property), more than 30 days have elapsed since death, and no administration is 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).