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Texas Small Estate Affidavit · Last verified 2026-09-24

Texas Small Estate Affidavit eligibility requirements

A Texas Small Estate Affidavit (SEA) lets the heirs collect a small estate without appointing an executor or administrator, but only when every condition in Estates Code Chapter 205 is met and a judge approves it.

The conditions in one listThe person died without a will; at least 30 days have passed; no petition for a personal representative is pending or granted; estate assets are $75,000 or less on the affidavit date, not counting homestead and exempt property; the countable assets are worth more than the known debts; the affidavit is sworn by every distributee with capacity and two disinterested witnesses; and the judge approves it. §205.001–§205.003

1. The person died without a will

Chapter 205 covers the estate of a decedent who dies intestate. The Travis County and Bexar County probate court checklists both state that an SEA can't be approved if the decedent had a will, and that all distributees must swear the decedent died without one. If there is a will, a different probate procedure is needed. §205.001; Travis County Small Estate Affidavit checklist (PDF, updated Oct. 1, 2024)

2. At least 30 days since the death, and no administration

Thirty days must have elapsed since the date of death, and no petition for appointment of a personal representative can be pending or granted. §205.001(1)–(2) The court checklists add that an SEA can't be approved if it appears an administration is needed, and advise waiting long enough to be sure you have all the bills.

3. $75,000 or less, not counting homestead and exempt property

The value of the estate assets on the date of the affidavit, excluding homestead and exempt property, may not exceed $75,000. §205.001(3) "Homestead" and "exempt property" mean only property that could be set aside under §353.051 if the estate were administered. §205.009 The Travis checklist lists home furnishings, farm animals, pension benefits, IRAs, and insurance benefits among exempt assets, and says every asset needs a value: an asset of "unknown value" prevents approval.

4. Assets worth more than the debts

Distributees take the estate only to the extent the assets (excluding homestead and exempt property) exceed the known liabilities (excluding debts secured by homestead and exempt property). §205.001 The court checklists say an SEA must be denied if the assets are not worth more than the debts, and note that distributees can pay off enough debts to fix this.

5. Real property: the homestead only

Except for a homestead, a Small Estate Affidavit does not transfer title to real property. §205.008(b) If the homestead is the only real property, title can pass under the affidavit, which must then be recorded in the deed records of the county where the homestead is located. §205.006 The Travis and Bexar checklists go further: the homestead can pass only if everyone inheriting it was homesteading with the decedent (a surviving spouse and/or minor children living there), and the court checks the real property records before approving.

6. Who must sign

The affidavit must be sworn to by two disinterested witnesses, each distributee who has legal capacity, and, where the facts call for it, the natural guardian or next of kin of a minor distributee or the guardian of an incapacitated distributee. §205.002(a)(1) The checklists say an SEA can't be approved if an heir can't be located or refuses to sign.

7. A judge must approve it

The judge examines the affidavit and may approve it if it conforms to Chapter 205. §205.003 Approval is discretionary, so meeting the statute is necessary but not a guarantee.

County rules on top of the statute

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.
The tool can
  • Screens the Chapter 205 stop conditions courts list most often
  • Organizes an asset and debt worksheet and signer roles
  • Shows verified county fees and forms for Travis, Harris, and Bexar
  • Produces a checklist you can download, copy, email to yourself, save, or print
The tool cannot
  • Decide legal eligibility or who the heirs are
  • Fill out or file the court's form
  • Guarantee that a judge will approve the affidavit
  • 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

Does the $75,000 limit include the house?

Not if it qualifies as the homestead. The $75,000 limit excludes homestead and exempt property that could be set aside under Estates Code §353.051 (§205.001(3), §205.009).

Can a Small Estate Affidavit transfer land that was not the homestead?

No. Except for a homestead, Chapter 205 does not transfer title to real property (§205.008(b)). The Travis and Bexar probate courts say an SEA can't be approved if the decedent owned non-homestead real property.

How many witnesses does a Texas Small Estate Affidavit need?

Two disinterested witnesses, plus each distributee who has legal capacity (§205.002(a)(1)).