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Small Estate Procedures · Texas

Texas's $75,000 small-estate affidavit: intestacy, homestead, and court approval

Texas's chapter 205 affidavit is for an intestate estate worth no more than $75,000 after excluding homestead and exempt property. It is filed at least 30 days after death and must be approved by the probate judge.

Editorial review draft · Not certified for publication

A will takes this route off the table, even if the estate is small. The affidavit must show the family history and legal shares well enough for the judge to determine who inherits under Texas intestacy law.

Pass every chapter 205 eligibility test

Calculate estate assets excluding homestead and exempt property, then compare the remaining value with non-homestead liabilities. No petition for a personal representative may be pending or granted.

  • The decedent died without a will.
  • At least 30 days have passed.
  • Qualifying assets do not exceed $75,000.
  • No personal representative is pending or appointed.
  • The estate is solvent under chapter 205's asset-and-liability test.

Prepare the sworn heirship and asset schedules

All distributees with legal capacity sign and swear to the affidavit, and two disinterested witnesses verify the family history. File it with the county court that has probate jurisdiction.

  • List every known estate asset and liability.
  • Describe the family history and each distributee's legal share.
  • Identify exempt property and the homestead separately.
  • Include required signatures from distributees and two disinterested witnesses.

Wait for judicial approval

The clerk examines the filing and the judge may approve it only if the statutory facts are established. A filed but unapproved affidavit is not collection authority. Certified copies of the approved affidavit are then presented to asset holders.

Treat the homestead differently from other land

The approved affidavit can support a homestead transfer to qualifying distributees. It does not transfer other real property, so non-homestead land usually requires another probate or title procedure.

Distributees take debts with the property

A person receiving estate property under the affidavit is liable to estate creditors to the extent allowed by chapter 205 and must ensure other distributees receive their shares. A dispute over heirship, solvency, or a missing signer is a reason to use a formal court route.

Sources & methodology

Sources and current rules
Eligibility rule$75,000 excluding homestead and exempt property; intestate estate; 30-day waitTexas Estates Code chapter 205 · current

Methodology & sources

Texas Estates Code chapter 205 supplies the intestacy restriction, exclusions, waiting period, affidavit contents and witnesses, approval process, real-property boundary, and distributee liability.

Editorial review draft. The source record supporting the ceiling is listed above when one is available. The procedural questions identified in the article are not yet certified.

This page is educational and is not legal advice. Whether the affidavit procedure is right for a particular estate — and what liability the signer takes on — turns on facts a general page cannot resolve, including debts that have not surfaced yet. Confirm your own situation with an attorney licensed in Texas.

Sources reviewed August 23, 2026.