Texas Small Estate Affidavit Limit: $75,000 and the 30-Day Rule (2026)

In Texas, smaller estates have a streamlined path to settlement that bypasses probate court. The key threshold: $75,000.

If you're an executor in Texas and the probate assets total $75,000 or less with no real property, you can likely settle the estate using Texas's small estate affidavit procedure. This guide explains the limit, the 30-day rule, and what it means for your timeline.

The $75,000 Limit and 30-Day Waiting Period

Texas allows estates under $75,000 to use the small estate affidavit procedure (Texas Probate Code Section 307) if:

• The total value of probate assets is $75,000 or less
• The estate contains no real property owned solely by the decedent
• At least 30 days have passed since death

This is Texas's streamlined alternative to full probate. Unlike California's 40-day wait, Texas requires only 30 days, making it slightly faster.

What Counts Toward the $75,000 Limit

The limit applies only to probate assets. Texas excludes:

• Joint accounts (pass to co-owner automatically)
• Payable-on-death (POD) accounts (pass to named beneficiary)
• Life insurance proceeds (unless estate is beneficiary)
• Retirement accounts with named beneficiaries (IRA, 401k)
• Assets held in a revocable living trust
• Transfer-on-death vehicles

Add up only the assets the decedent owned solely with no named beneficiary.

The 30-Day Waiting Period

Texas requires you to wait 30 days after the death before filing the small estate affidavit. This is shorter than California's 40 days.

Timeline example:

• Death occurs on March 5
• Earliest filing date: April 4 (30 days later)

After the 30 days have passed, you can file immediately. Most estates close within 4 to 6 weeks of death using this method.

How the Affidavit Works in Texas

Once 30 days have passed:

1. Prepare a short affidavit swearing to the facts of the estate
2. Get it notarized
3. Deliver it to each institution holding an asset
4. The institution releases the asset directly to the beneficiary

No court appearance. No probate fees. No publication of notice.

Real Example

A Texas executor has:

• Checking account (sole): $15,000
• Savings account (sole): $12,000
• Vehicle (sole): $8,000
• Brokerage with named beneficiary: $250,000

Probate estate value: $35,000

Result: Qualifies for small estate affidavit. The $250,000 brokerage account passes directly to the named beneficiary and doesn't delay the process.

When Small Estate Affidavit Is Not Available

The affidavit route is not available if:

• Probate assets exceed $75,000
• The estate includes real property owned solely by the decedent
• There's a will contest or dispute among beneficiaries
• The decedent had a pending lawsuit

In these cases, you need full probate administration, which takes 6 to 12 months or longer.

Texas Probate: No Waiting Period for Court Filing

Unlike California, Texas has no mandatory waiting period before filing a probate petition with the court. You can petition immediately after death. This speeds up full probate in Texas, though the small estate affidavit is still faster for qualifying estates.

Comparison: Small Estate vs. Full Probate in Texas

Factor	Small Estate Affidavit	Full Probate
Minimum wait after death	30 days	None (file immediately)
Court involvement	No	Yes
Time to close	4 to 6 weeks	6 to 12 months
Cost	$250 - $400	$5,000 - $15,000+
Attorney required	No	Often, but not always

Next Steps

If your Texas estate qualifies for the small estate affidavit:

1. Obtain 10 to 15 certified death certificates
2. Wait out the 30-day period
3. Gather the original will (if any) and your identification
4. Work with each institution to complete the affidavit process

Use ExecutorBench's free small estate eligibility checker to confirm your estate qualifies.

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Disclaimer: ExecutorBench provides self-help workflow software and document preparation support. It is not a law firm and does not provide legal advice. For questions about your specific Texas estate, consult an attorney licensed in Texas.