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

Texas Small Estate Affidavit cost and timeline by county

Filing fees are set by each county. We list a fee only where an official county page states it, with the date we checked. If your county is not listed, confirm the fee with its county clerk before filing.

Short answerThe Travis County Clerk and Harris County Clerk each list a $360 filing fee for a Small Estate Affidavit, plus $5 per certified copy and $1 per page. You can file no sooner than 30 days after the death. The statute sets no deadline for the judge's decision. §205.001, §205.003
Small Estate Affidavit fees by county
CountySEA filing feeCertified copiesSource (checked 2026-09-24)
Travis$360$5 per document plus $1 per page (clerk-made copies)Travis County Clerk probate fee information
Harris$360$5 certification fee plus $1 per pageHarris County Clerk probate courts: forms and fee schedule
Bexar$232 in the court's checklist dated January 18, 2019; confirm the current fee with the clerkNot statedBexar County Probate Court No. 2 SEA checklist (PDF, updated Jan. 18, 2019)

Both the Travis and Harris county clerk pages list a Statement of Inability to Afford Payment of Court Costs for people who cannot pay the fee.

Other costs to plan for

  • Certified copies for each bank or company that holds estate property. §205.004 At $5 plus $1 per page, a certified copy of an eight-page affidavit, for example, costs $13 in Travis or Harris County.
  • Recording in the deed records if a homestead passes under the affidavit: $25 for the first page and $4 for each additional page in Travis and Harris counties. §205.006; Travis County Clerk recording fees
  • Notary fees for the distributees' and witnesses' signatures.

Timeline

  1. Day 30 or later: the affidavit can't be filed until 30 days have elapsed since death. §205.001(1) The Travis and Bexar courts advise waiting long enough to be sure you have all the bills.
  2. Gathering and signing: collecting values, family facts, and signatures from every distributee and two witnesses.
  3. Judge's review: the judge examines the affidavit and may approve it. §205.003 Chapter 205 sets no deadline for this step, and we have not found an official published processing time for any county, so ask the clerk.
  4. After approval: order certified copies and deliver them. §205.004

Why a rejected filing costs more

The Travis and Bexar probate court checklists warn that many SEAs are denied for problems that can't be fixed, and applicants lose the filing fee. See why Small Estate Affidavits get rejected.

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

How much does it cost to file a Small Estate Affidavit in Travis County?

The Travis County Clerk lists a $360 filing fee for a Small Estate Affidavit (checked 2026-09-24). Certified copies are $5 per document plus $1 per page.

How much does it cost to file a Small Estate Affidavit in Harris County?

The Harris County Clerk lists a $360 court filing fee for a small estate (checked 2026-09-24). Certified paper copies are $5 plus $1 per page.

How soon can I file a Small Estate Affidavit in Texas?

Not until 30 days have elapsed since the date of death (Texas Estates Code §205.001(1)).