Losing a loved one is already overwhelming — but when you’re suddenly faced with handling their estate, the stress can feel unbearable. If they didn’t leave behind a will or an estate plan, you may wonder how to navigate the legal probate process in Texas without getting buried in paperwork and court proceedings.
Fortunately, Texas offers a simplified option for smaller estates, known as a Small Estate Affidavit (SEA), allowing families to settle affairs with less time, cost, and hassle. This guide walks you through the essentials of small estate administration so you can focus on what truly matters — honoring your loved one’s legacy.
What Is a Texas Small Estate Affidavit?
A Small Estate Affidavit is a sworn legal document that allows heirs to claim the assets of a deceased person (Decedent) outside the formal probate process. In Texas, this simplified procedure is available when the total value of the Decedent’s estate (with exceptions) is $75,000 or less. This limit is set by the Texas Estates Code 205 and may change periodically, so verifying the current threshold is essential.
The SEA serves as legal authority to transfer the Decedent's property to the rightful heirs without court supervision, making it affordable for estate property transfers when someone dies intestate (without a will).
What Assets Are Exempt from the $75,000 Limit?
Not all assets count toward this $75,000 limit — only those that would normally go through probate are included in this calculation. Texas law specifically excludes exempt property, which includes the homestead for the benefit of the Decedent's surviving spouse and minor children.
Additionally, certain personal property listed in Texas Property Code 42.002(a) is exempt up to $100,000 for a family or $50,000 for a single adult. This exempt personal property benefits the surviving spouse and minor children, unmarried adult children remaining with the Decedent's family, and incapacitated adult children.
The law also exempts pension benefits, IRAs, and insurance benefits from the small estate affidavit's $75,000 limit.
Texas Requirements for a Small Estate Affidavit
Here are the key Texas requirements you need to meet to use an SEA:
What Information Must Be Included in a Small Estate Affidavit?
Make sure to get familiar with the SEA checklist. The SEA Texas form must state specific information, namely:
- Estate value ($75,000 or less)
- Required waiting period completed
- Affiant's legal claim to assets
- Absence of initiated probate
The document also typically includes the following attachments:
- Evidence of ownership, like bank records or car titles (you can use an SEA to sell a deceased person's car without probate)
- Documentation of the deceased's debts or claims against the estate
- Death certificate
- Affiant's passport or driver's license
- A will (if it exists)
- List of heirs with signed agreement for small estate use
Who Is Eligible to File a Small Estate Affidavit?
In Texas, SEAs must be completed and signed by all estate distributees. Distributees typically include:
- The Decedent's surviving spouse
- Children of the Decedent (or their representatives if minors)
- Other heirs are determined by Texas intestacy laws if there is no spouse or children
- Parents of the Decedent if the Decedent has no spouse or children
- Siblings of the Decedent in certain circumstances
Two disinterested witnesses with no claim to the estate must also sign the affidavit, attesting to personal knowledge of the facts. If any heir is a minor or incapacitated, their natural guardian or next friend can sign.
All distributees must agree to the same set of facts and the proposed distribution of assets for the SEA to be valid. You may also need to have the affidavit signed by a notary.
How to Get a Small Estate Affidavit in Texas
Once the SEA form is completed and signed by all necessary parties, take the following steps:
- File the original affidavit and all attachments with the county clerk in the county where the Decedent lived.
- You must pay the required filing fee (which varies by county; in Tarrant County, for example, it's $263).
- Wait for court approval — the judge will review the affidavit to ensure it meets all requirements.
- After approval, obtain certified copies of the approved affidavit from the county clerk.
- To transfer ownership, present the certified copies to banks, financial institutions, the Department of Motor Vehicles, or other holders of the Decedent's assets.
The court does not automatically distribute assets — the approved affidavit serves as legal authority for the heirs to collect assets directly from the institutions or individuals holding them.
Pros of a Texas Small Estate Affidavit
SEAs offer several advantages for qualifying estates:
- The process can be completed in days or weeks rather than the months or years often required for probate.
- Filing an SEA typically costs a fraction of full probate proceedings, with fees ranging from $25 to $300, depending on the county.
- The paperwork is less complex than formal probate.
- While the court must approve the affidavit, there are typically no hearings or extensive court proceedings.
- Families can access needed funds and assets more quickly to address immediate needs.
- You are not required to obtain an estate bond.
Cons of a Texas Small Estate Affidavit
Despite their benefits, SEAs have a few disadvantages:
- The affiant accepts personal responsibility for proper distribution and may be liable for up to the estate's value if creditors make claims later.
- In Texas, an SEA can be used to transfer real estate, but only to the deceased person's homestead and to a surviving spouse or minor children who resided on the property.
- The $75,000 limit (excluding exempt property) means many estates won't qualify.
- If heirs disagree about distribution, the SEA isn't appropriate — formal probate becomes necessary.
Will a Bank Accept a Small Estate Affidavit in Texas?
Most Texas financial institutions will accept a court-approved SEA to release funds from the Decedent's accounts, provided the affidavit meets all statutory requirements. However, banks have their own internal policies, and some may impose additional requirements or limitations. Some institutions may require formal probate for accounts with larger balances despite the affidavit's legal validity. If you face obstacles, having one of our experienced attorneys communicate with the financial institution can resolve these issues more efficiently.
Do I Need a Lawyer to File a Small Estate Affidavit in Texas?
While Texas law doesn't require attorney assistance to file an SEA, consulting with our skilled probate attorneys is highly recommended. Determining heirship, property valuation, and properly completing the affidavit involve complex legal questions. Mistakes can invalidate the affidavit or create liability issues for the distributees. Our board-certified attorneys at Texas Horizons Law Group can ensure your SEA complies with all legal requirements and truly applies to your situation.
Affidavit of Heirship vs. Small Estate Affidavit in Texas
An Affdavit of Heirship is a legal document used to establish the legal heirs of someone who died without a will, especially when real property is involved. It focuses on proving family relationships to determine who inherits. Unlike an SEA, an affidavit of heirship primarily clarifies who the heirs are, not necessarily how assets are distributed. An SEA, on the other hand, is designed to transfer assets quickly in smaller estates, even if a will exists, and has specific value limitations.
