Texas Small Estate Affidavit

The Texas Small Estate Affidavit is a legal form that is used for lawfully acquiring the assets of a Texas resident (typically family) that passed away in recent time. It may only be filled out by a person, known as the distributee, who has legal grounds to claim ownership of an estate of a deceased person (the decedent) that is valued at $75,000 or less. It is also restricted for use in cases where the decedent died intestate, that is, without leaving a will behind. Additional mandatory requirements also exist, such as the fact that the affidavit must be sworn to by two (2) witnesses. Other requirements are noted below.

Laws & Required Conditions

Laws: § 205.001

Maximum Estate Value: $75,000

Required Conditions: 

  • It has been at least thirty (30) days since the decedent died.
  • No personal representative has been appointed to manage the estate, nor is there a petition for their appointment.
  • The affidavit upholds all of the requirements stipulated in Sec. 205.002.
  • The affidavit is filed with the clerk of the court, of which must take place in the estate’s jurisdiction and venue.
  • The judge must examine and subsequently approve the affidavit for use.
  • The distributees are required to provide a certified copy of the affidavit to anyone who:
    • Is indebted to the estate.
    • Currently holds property tied to the estate.
    • “Acts as a registrar, fiduciary, or transfer agent of or for an evidence of interest, indebtedness, property, or other right belonging to the estate.”