Texas Small Estate Affidavit (2026)
Texas has an official Small Estate Affidavit filed with the county court (Estates Code Chapter 205). It can be used only when there is no will, at least 30 days after the death, for estates of $75,000 or less excluding the homestead and exempt property. DoneDoc prepares a worksheet and instructions for the official form.
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Texas: key facts
- Value limit
- $75,000, excluding the homestead and exempt property; debts cannot exceed assets.
- Will
- Only when there is no will.
- Waiting period
- 30 days after the death.
- Court
- Filed with the court and approved by the judge; recorded with the County Clerk.
- Signatures
- All distributees with legal capacity plus two disinterested witnesses, before a notary.
Official source: TexasLawHelp — Small estate affidavits · Official form · Last reviewed: October 2026
Frequently asked questions
- What happens if the estate is over the Texas limit?
- A small estate procedure cannot be used; a probate case in court is needed. Our form blocks values over the limit.
- Do I need to write account numbers?
- No. We never ask for them. Write them by hand on the copy for each holder, if the holder needs them.
- Is this the official form?
- No. Texas uses its own official form; DoneDoc gives you a worksheet with your information organized to fill it in, plus step-by-step instructions.
- Can I get it in Spanish?
- Yes. You sign the English document and also receive a Spanish reference translation and Spanish instructions.
DoneDoc provides self-help forms and is not a law firm. We recommend having your document reviewed by a licensed attorney in your state before signing.
Other Texas affidavits
Affidavit of ResidenceAffidavit of HeirshipAffidavit of Financial SupportIdentity Theft AffidavitLost Title Affidavit