Small Estate Affidavit in Texas: Rules, Limits and Who Qualifies
When someone dies in Texas without a will and leaves only a modest estate, the family may not need a full probate case to collect what they left behind. Texas offers a shortcut called a small estate affidavit. It can move bank accounts, vehicles and, in some cases, the family home to the heirs for a fraction of the cost and time of probate. It also has strict limits. This guide covers who can use a small estate affidavit in Texas, the $75,000 cap, what the court requires, how it applies to a house, and how it compares to an affidavit of heirship. What Is a Small Estate Affidavit in Texas? A small estate affidavit is a sworn statement, filed with the probate court, that lists what the person who died owned and owed and identifies who inherits it under Texas law. Once a judge approves it, the people holding the deceased person's property, such as a bank, can release it to the heirs named in the affidavit. It is governed by Chapter 205 of the Texas Estates Code. It is meant ...