Who can use a Texas small estate affidavit?

Distributees of a decedent who died INTESTATE (no will), when all six s. 205.001 conditions hold: (1) 30 days have passed since death; (2) no personal-representative application is pending or granted; (3) estate assets — excluding homestead and exempt property — are worth $75,000 or less on the affidavit date; (4) a compliant affidavit (s. 205.002) is filed with the clerk of the court with jurisdiction and venue; (5) the judge approves it (s. 205.003); and (6) the distributees comply with the distribution rules (s. 205.004). Estate assets must also exceed known liabilities (both measured excluding homestead/exempt property and the debts secured by them).

Does the small estate affidavit work if there is a will?

No. Chapter 205 is an intestate-only procedure. With a will, look at probating it as a muniment of title (ch. 257) — often just as fast — or an independent administration (ch. 401).

Can the affidavit transfer a house?

Only the HOMESTEAD, and only when the homestead is the ONLY real property in the estate (s. 205.006(a)). The approved affidavit must then be recorded in the deed records of the county where the homestead is located; a bona fide purchaser is protected. Any other real property means the SEA cannot move title — the estate needs a different path.

Will banks actually honor it?

That is the point of the statute: a person who pays, delivers, or transfers property under an approved affidavit is released as if they had paid a personal representative, and is not required to inquire into the truth of the affidavit's statements (s. 205.007). Distributees, in turn, answer to anyone with a superior right.

What goes in the affidavit?

Under s. 205.002: sworn statements by two disinterested witnesses and by each capable distributee, the asset and liability lists, family-history facts showing each distributee's right, and each distributee's identity. The judge must approve it before it has any effect (s. 205.003).

Texas Small Estate Affidavit: The $75,000 Shortcut

Last updated July 18, 2026

The small estate affidavit (Tex. Est. Code ch. 205) is the least-procedure path Texas offers: for a qualifying intestate estate, the distributees file one judge-approved affidavit and collect the assets directly — no personal representative is ever appointed. The cap is $75,000 of estate assets excluding the homestead and exempt property (s. 205.001(3)), and the assets must exceed the known liabilities measured the same way. This is general information about Texas law, not legal advice.

The six statutory conditions (s. 205.001)

30 days since death

The affidavit cannot be filed until 30 days have elapsed since the date of death.

No personal-representative application

None pending, none granted — a competing probate filing defeats the SEA.

$75,000 or less

Estate assets, EXCLUDING homestead and exempt property, valued as of the affidavit date.

Solvency

Assets (excluding homestead/exempt property) must exceed known liabilities (excluding debts secured by homestead/exempt property).

A compliant, judge-approved affidavit

Contents per s. 205.002 — two disinterested witnesses plus each distributee swear to the assets, liabilities, and family history — filed with the clerk and approved by the judge (s. 205.003).

Proper distribution

The distributees take under the intestacy statutes and comply with s. 205.004.

The homestead-only title rule

The affidavit can transfer title to real property in exactly one situation: the decedent’s homestead, and only when it is the only real property in the estate (s. 205.006(a)). Record the approved affidavit in the county’s deed records; a bona fide purchaser for value is protected. Estates holding any other Texas real property need muniment of title (if there is a will) or an administration/heirship path instead.

Does this estate fit under the $75,000 cap — and can the affidavit move the homestead? Run the free deterministic assessment against the actual statutory tests.

Start the free Texas probate assessment

General information about Texas law, not legal advice, and not a substitute for the advice of an attorney. EstateDraft is software, not a law firm.

Frequently asked questions

Who can use a Texas small estate affidavit?: Distributees of a decedent who died INTESTATE (no will), when all six s. 205.001 conditions hold: (1) 30 days have passed since death; (2) no personal-representative application is pending or granted; (3) estate assets — excluding homestead and exempt property — are worth $75,000 or less on the affidavit date; (4) a compliant affidavit (s. 205.002) is filed with the clerk of the court with jurisdiction and venue; (5) the judge approves it (s. 205.003); and (6) the distributees comply with the distribution rules (s. 205.004). Estate assets must also exceed known liabilities (both measured excluding homestead/exempt property and the debts secured by them).
Does the small estate affidavit work if there is a will?: No. Chapter 205 is an intestate-only procedure. With a will, look at probating it as a muniment of title (ch. 257) — often just as fast — or an independent administration (ch. 401).
Can the affidavit transfer a house?: Only the HOMESTEAD, and only when the homestead is the ONLY real property in the estate (s. 205.006(a)). The approved affidavit must then be recorded in the deed records of the county where the homestead is located; a bona fide purchaser is protected. Any other real property means the SEA cannot move title — the estate needs a different path.
Will banks actually honor it?: That is the point of the statute: a person who pays, delivers, or transfers property under an approved affidavit is released as if they had paid a personal representative, and is not required to inquire into the truth of the affidavit's statements (s. 205.007). Distributees, in turn, answer to anyone with a superior right.
What goes in the affidavit?: Under s. 205.002: sworn statements by two disinterested witnesses and by each capable distributee, the asset and liability lists, family-history facts showing each distributee's right, and each distributee's identity. The judge must approve it before it has any effect (s. 205.003).

General information about Florida law, not legal advice.