Estate · Skip Probate
Small-Estate Limit in Texas
How large an estate can skip full probate in Texas, what counts toward the limit, the procedure to use, and the recent changes to watch. Cited to the statute.
How the small-estate limit works in Texas
The procedure, what counts toward the dollar limit, and what is left out.
| How it works | What it means |
|---|---|
| Only if there is no will | The small-estate affidavit is available only if the decedent died without a will. If there is a will, this path is unavailable and the estate uses muniment of title or full probate. |
| Assets must exceed liabilities | The estate’s assets, excluding homestead and exempt property, must exceed its known liabilities, excluding those secured by homestead or exempt property. |
| A judge must approve it | Unlike California’s self-executing affidavit, a Texas small-estate affidavit must be approved by the probate judge, and it must be sworn by all distributees plus two disinterested witnesses. |
| What does not count | What it means |
|---|---|
| Homestead and exempt property do not count | The homestead and statutory exempt personal property are excluded from the $75,000 valuation, and in limited circumstances the homestead can still pass through the affidavit. |
| Other real property blocks it | The affidavit generally cannot transfer real property other than the homestead. An estate with other real estate must use another procedure. |
| Non-probate assets are outside the estate | Payable-on-death, transfer-on-death, joint-with-survivorship, and beneficiary assets pass outside probate and do not count toward the limit. |
What you can do right now
Concrete, neutral steps to settle a small estate in Texas. This is legal information, not legal advice.
- Confirm there is no will
The Texas small-estate affidavit only works for someone who died intestate. If a will exists, look at muniment of title or full probate instead.
- Value the estate without homestead and exempt property
Count assets up to $75,000, leaving out the homestead and exempt personal property, and make sure assets exceed liabilities.
- Prepare the sworn affidavit for the judge
All distributees plus two disinterested witnesses must swear to the affidavit, which the probate judge then approves. Wait at least 30 days after the death to file.
- Talk to a Texas probate attorney if there is real estate
Real property other than the homestead complicates the affidavit. A licensed Texas attorney can confirm the right path. The State Bar can refer you to one.
Whether an estate qualifies turns on what counts toward the limit and the procedure your state uses. This resource can connect you with a licensed estate attorney.
→ State Bar of Texas — Lawyer ReferralThis is general legal information, not legal advice. What counts toward the limit, whether there is a will, and whether real estate is involved can change the answer, so confirm with a licensed attorney.
What people get wrong about the Texas small-estate limit
Texas has a small-estate affidavit, but two conditions trip people up more than the dollar figure. First, it is only for someone who died without a will. If there is a will, this shortcut is off the table, and the estate uses muniment of title or regular probate instead. Second, unlike the self-executing affidavits in California and Illinois, a Texas affidavit must be approved by a probate judge and sworn to by all the distributees plus two disinterested witnesses. The size limit itself is $75,000, but it is measured without counting the homestead and exempt personal property, and the estate’s assets have to exceed its liabilities. At least 30 days must pass after the death before filing. The affidavit generally cannot transfer real estate other than the homestead, so an estate with other land needs a different procedure. Get the intestate and judge-approval points right, and the $75,000 figure is the easy part.
Common questions
What is the small-estate affidavit limit in Texas?
$75,000, not counting the homestead and exempt personal property, under Estates Code §205.001. The estate’s assets must also exceed its liabilities.
Can I use a Texas small-estate affidavit if there is a will?
No. The small-estate affidavit is only available when the person died without a will. If there is a will, the estate uses muniment of title or full probate instead.
Does a Texas small-estate affidavit need court approval?
Yes. Unlike some states, a Texas affidavit must be approved by the probate judge and sworn to by all distributees plus two disinterested witnesses.
How long do I wait to file a Texas small-estate affidavit?
At least 30 days must pass after the death before the affidavit can be filed.
Not legal advicePlainStatute provides plain-language summaries of public law for general information only. This is not legal advice. Statutes change; always confirm current requirements with the official source linked above before acting.