Texas Small Estate Affidavit

The Texas Small Estate Affidavit is a form that 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 in the section 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, or
    • “Acts as a registrar, fiduciary, or transfer agent of or for an evidence of interest, indebtedness, property, or other right belonging to the estate.”