Texas estate tools · Last verified 2026-09-24
Which Texas estate tool do you need?
Three Texas procedures cover most small-estate and family-home situations. Two are used after someone dies; one is signed by a living owner. Pick the row that matches your situation, then start the free check.
| Small Estate Affidavit | Affidavit of heirship | Transfer on death deed | |
|---|---|---|---|
| When | After death; at least 30 days after it §205.001 | After death | Before death; recorded while the owner is alive §114.055 |
| Fits when | No will; estate assets of $75,000 or less, not counting homestead and exempt property; no administration pending §205.001 | Real property needs a sworn statement of the family history and heirs §203.001 | The owner has Texas real property and wants named beneficiaries to receive it at death §114.051 |
| Who signs | Each distributee with legal capacity and two disinterested witnesses, under oath §205.002 | An affiant with personal knowledge of the family, before a notary §203.002 | The owner personally, before a notary; not an agent under a power of attorney §114.054 |
| Court approval | Yes; a judge examines it and may approve it §205.003 | No | No |
| Where it goes | Clerk of the court with jurisdiction and venue, usually in the county where the person lived | Deed records of the county where the property is located | Deed records of the county where the property is located |
| Typical fee (verified counties) | $360 filing fee in Travis and Harris counties | $25 first page + $4 each additional page to record in Travis and Harris counties | $25 first page + $4 each additional page to record in Travis and Harris counties |
| Real property | Only a homestead can pass under it §205.006, §205.008 | Evidence of heirship for title; prima facie after five years of record §203.001 | Transfers the owner's interest at death to beneficiaries who survive by 120 hours §114.103 |
Start with the right check
- Texas Small Estate Affidavit Check: 17 questions that surface the stop conditions courts reject most often.
- Texas Affidavit of Heirship Builder: family branches, two witnesses, and a recording checklist.
- Texas Transfer on Death Deed Check: Chapter 114 requirements, ownership problems, and a notary and recording checklist.
Fees above come from the official Travis County Clerk and Harris County Clerk fee pages. Other counties set or apply their own fees; confirm with the county clerk before you go.
About this page
- Applies to
- Texas, United States only. Rules in other states differ.
- Official basis
- Last verified
- : every fact on this page was checked against the sources above on this date.
- Review status
- Not yet reviewed by a licensed Texas attorney Prepared from the primary sources listed. When a licensed Texas attorney reviews this page, their name and the review date will appear here.
- This page helps you
- Compares the three main Texas procedures side by side
- Links each situation to the matching free check and guides
- Shows verified fees for Travis and Harris counties
- It cannot
- Decide which procedure is legally right for your facts
- File or record anything for you
- Give legal advice or represent you
- When rules change
- We re-check these sources at least every 90 days and after each regular Texas legislative session. When a statute, court form, or county fee changes, we update the tool and this page, change the date above, and record the change in the Texas rule update log (feed).
Common questions
Can I use a Small Estate Affidavit if there is a will?
No. Chapter 205 applies to the estate of a person who died intestate, and the Travis and Bexar county probate court checklists say an SEA cannot be approved if the person had a will.
Is an affidavit of heirship filed with the probate court?
No. It is recorded in the deed records of the county where the property is located. After it has been of record for five years, a court receives it as prima facie evidence of the facts it states (Texas Estates Code §203.001).
Does a transfer on death deed avoid probate for the house?
A recorded transfer on death deed transfers the owner's interest at death to beneficiaries who survive by 120 hours, without probate. The beneficiary still takes the property subject to mortgages and liens (Texas Estates Code §114.103, §114.104).