Texas Small Estate Affidavit: Requirements, $75,000 Limit and Selling
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Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.
A Texas small estate affidavit lets the heirs of someone who died without a will collect the estate without a personal representative, if the estate assets other than the homestead and exempt property are worth $75,000 or less. The rules are in Estates Code Chapter 205.
A judge must approve the affidavit, and it can transfer title to real estate only in one case: the decedent’s homestead when it is the only real property in the estate.
Who can use a small estate affidavit?
Sec. 205.001 lets the distributees of an intestate decedent take the estate without waiting for a personal representative if the estate assets, not counting the homestead and exempt property, exceed known liabilities, and all of these are true:
- The decedent died intestate and 30 days have passed since the death.
- No petition for appointment of a personal representative is pending or has been granted.
- The value of estate assets on the date of the affidavit, excluding homestead and exempt property, does not exceed $75,000.
- The affidavit is filed with the clerk of the court that has jurisdiction and venue of the estate, and the judge approves it (Secs. 205.001 and 205.003).
Who signs and what it must say
Two disinterested witnesses and each distributee with legal capacity swear to the affidavit. For a minor or incapacitated distributee, a guardian or next of kin signs where warranted (Sec. 205.002). The affidavit lists all known assets and liabilities, marking assets claimed as exempt, the name and address of each distributee and family history facts showing each person’s right to receive property.
Distributees give a copy of the affidavit, certified by the court clerk, to each person who owes money to the estate, holds estate property or acts as registrar, fiduciary or transfer agent for estate property (Sec. 205.004).
Can it transfer a house?
Only in one situation. If the decedent’s homestead is the only real property in the estate, title to the homestead can be transferred under the affidavit, and the affidavit is recorded in the deed records of a county where the homestead is located (Sec. 205.006).
A buyer who relies on it without notice of an undisclosed heir takes free of that heir’s interest, subject to creditor claims. Otherwise Chapter 205 does not transfer title to real property (Sec. 205.008).
If the house is not the decedent’s homestead, or other real property exists, look at probate or, with a will, a muniment of title.
Liability for the people who sign
Anyone who signs the affidavit is liable for damage or loss from payments or transfers made in reliance on it, and distributees must account to a personal representative appointed later (Sec. 205.007). The chapter does not change how property passes under a will (Sec. 205.008). Read the heirs’ list carefully before signing.
We did not locate a statewide court form, filing fees or county-specific filing rules, so call the clerk of the court where the estate would be filed.
A note on the dollar limit
The $75,000 limit is the number shown in Sec. 205.001 on the Texas Legislature’s site, which reflects law through the 2025 sessions. Check the statute again if you are reading this long after its date above.
How to sell a house in Texas when you inherited it from someone who had no will
- Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
- Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
- Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
- If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.
Texas small estate affidavit FAQ
What is the limit for a Texas small estate affidavit?
$75,000 in estate assets on the date of the affidavit, not counting the homestead and exempt property (Estates Code Sec. 205.001).
How long after death can I file?
The decedent must have died intestate and 30 days must have passed (Sec. 205.001).
Does the judge have to approve it?
Yes. The affidavit is filed with the court clerk and the judge approves it before it takes effect (Secs. 205.001 and 205.003).
Can a small estate affidavit transfer a house?
Only the decedent's homestead, and only if it is the only real property in the estate. It is then recorded in the county deed records (Sec. 205.006).
Sources
This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.