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

In Texas, smaller estates without a will can use a streamlined court procedure called a small estate affidavit. The key threshold: $75,000.

If you're handling an estate in Texas where the decedent died without a will and the non-exempt assets total $75,000 or less, the small estate affidavit may be available. 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 Estates Code Chapter 205 lets the distributees of a person who died without a will receive the estate without waiting for a personal representative to be appointed, if:

• The decedent died intestate (without a will)
• At least 30 days have passed since the death
• No petition for appointment of a personal representative is pending or has been granted
• The value of the estate's non-exempt assets is $75,000 or less on the date of the affidavit (the homestead and other exempt property are not counted)
• A sworn affidavit is filed with the court clerk and approved by the judge (signed by two disinterested witnesses, each distributee with legal capacity, and the guardian or next of kin of a minor or incapacitated distributee, Section 205.002)
• The assets exceed the known liabilities (not counting liabilities secured by the homestead and exempt property)
• After approval, the distributees provide clerk-certified copies to debtors, holders and transfer agents (Section 205.004)

This is a court procedure, not a bank-only form. If the decedent left a will, a different procedure applies (for example, probating the will or a muniment of title).

What Counts Toward the $75,000 Limit

The limit applies to the estate's non-exempt assets. These generally do not pass through the estate and are not counted:

• 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 the assets the decedent owned alone with no named beneficiary, then subtract the homestead and other exempt property. The affidavit does not transfer title to real property, except a homestead that is the only real property (Estates Code Sections 205.006 and 205.008(b)); other real property needs a different procedure. The homestead and exempt property exclusions are family-dependent. The homestead is set aside only for a surviving spouse or minor children (Sections 205.001, 205.009 and 353.051(a)(1)); an unmarried adult child alone does not qualify for it. Other exempt property, such as household goods and a vehicle, can also be set aside for an unmarried or incapacitated adult child who lived with the decedent (Section 353.051(a)(2)). A motor vehicle is generally exempt personal property (Property Code Section 42.002(a)(9)). Ask the court clerk or an attorney how this applies to your situation. Texas law also bars a non-lawyer from charging to prepare a deed or homestead affidavit (Government Code Section 83.001).

The 30-Day Waiting Period

Texas requires 30 days to pass after the death before the affidavit procedure can be used.

Timeline example:

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

How the Affidavit Works in Texas

1. Prepare a sworn affidavit. It must list the known assets and liabilities, name and address each distributee, and show each distributee's family relationship. It is sworn to by two disinterested witnesses and each distributee who has legal capacity.
2. File it with the clerk of the court that has jurisdiction over the estate.
3. A judge examines the affidavit and may approve it.
4. Distributees obtain clerk-certified copies as Section 205.004 requires, then use the approval to collect estate property from banks and other holders.

Court filing fees apply and vary by county. Timing depends on the court's schedule.

Illustrative Example

A Texas family handles an estate with no will and these assets:

• Checking account (sole): $15,000
• Savings account (sole): $12,000
• Vehicle (sole): $8,000 (generally exempt personal property if the family qualifies)
• Brokerage with named beneficiary: $250,000

Estate subject to the limit: $27,000 if the vehicle is exempt (otherwise $35,000)

Result: This estate is under the $75,000 limit, so the small estate affidavit may be available. The $250,000 brokerage account passes directly to the named beneficiary and is not counted.

When the Small Estate Affidavit May Not Be Available

• The decedent left a will
• Non-exempt assets exceed $75,000, or the assets do not exceed the known liabilities
• The estate includes real property other than a homestead that is the only real property
• A petition for a personal representative is pending or granted
• A judge does not approve the affidavit

In these cases, you may need probate or another court procedure, which typically takes 6 to 12 months or longer (typical; varies by county).

Texas Probate: No Waiting Period for Court Filing

Texas has no mandatory waiting period before filing a probate application with the court. You can apply immediately after death. A will generally must be offered for probate within 4 years of the death (Estates Code Section 256.003).

Comparison: Small Estate Affidavit vs. Full Probate in Texas

Factor	Small Estate Affidavit	Full Probate
Minimum wait after death	30 days	None (file immediately)
Will	Intestate estates only	Will or no will
Court involvement	Yes (clerk filing, judge approval)	Yes
Typical time to close	Several weeks, depends on the court	6 to 12 months (typical; varies by county)
Typical cost	Court fees (vary by county) plus copies and notary	$5,000 - $15,000+ with attorney fees (typical; varies by county)
Attorney	Often not required	Generally required for an executor or administrator in probate court; narrow exception for a sole-beneficiary executor (Suday v. Suday, Tex. 2025)

Next Steps

If your Texas estate may qualify for the small estate affidavit:

1. Obtain certified death certificates (ask each institution how many it needs)
2. Wait out the 30-day period
3. Gather asset and liability information and the family history for each distributee
4. Ask the probate court clerk for the county's forms and filing fee

Use ExecutorBench's free small estate eligibility checker to see which route usually applies to the numbers you enter.

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Disclaimer: ExecutorBench is self-help software. It is not a law firm, it does not give legal advice, and it is not a substitute for the advice of an attorney. Using it does not create an attorney-client relationship, and what you enter is not protected by attorney-client privilege. For questions about your specific Texas estate, consult an attorney licensed in Texas.