SmallEstateBypass
Texas · Under $75,000

Guide last reviewed 2026-08-11 · Texas Estates Code Chapter 205

Texas Small Estate Affidavit — Avoid Probate for Estates Under $75,000

File a Texas small estate affidavit and skip probate when the estate is under $75,000.

Texas quick facts

FormSmall Estate Affidavit (varies slightly by county)
StatuteTexas Estates Code Chapter 205
Estate limit$75,000
Court** The Probate Court (or County Court with probate jurisdiction) in the county where the decedent resided. * Andrews County - Has a self-help site link to Texas Law Help, where the statewide form is available. No county-specific form was found on the county website. * Archer County - Resources for Pro Se Litigants: Links to Texas Court Help, where the statewide form is available. * Austin County - Has Help Links for Legal Resources and Texas Law Help site is listed. * Bandera County - Official County Clerk Forms page provides Probate Pro Se resources and links to Texas Law/State Law Library resources where the statewide form is available. * Borden County - Has a self-help site link to Texas Law Help, where the statewide form is available. * Bosque County - Texas Law Help online link available on County Court at Law page, where the statewide form is available. * Brazoria County - Directs users to visit Texas Law Help site. *Briscoe County - Provided links to resources where the form can be obtained through Self-Help Legal Resources. * Brown County - No publicly accessible county-specific form found, but provided links to resources where the form can be obtained through Legal Self-Help Information. * Burnet County - No publicly accessible county-specific form found, but provided links to resources where the form can be obtained through Self-Help Resources. * Caldwell County - County provides a link to TexasLawHelp.org under its Self-Help Resources, which provides the Small Estate Affidavit instructions and statewide forms. * Carson County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Cass County - Site provides Texas Law Help under its Self-Help Resources, which provides the Small Estate Affidavit forms and instructions. * Chambers County - County court resources provide Online Self-Help Forms through TexasLawHelp, which provides the Small Estate Affidavit forms and instructions. * Cherokee County - County court resources provide Online Self-Help Forms through TexasLawHelp, which provides the Small Estate Affidavit forms and instructions. * Childress County - County provides a Texas Law Help link under its court resources, which provides the Small Estate Affidavit forms and instructions. * Clay County - County District Clerk provides TexasLawHelp under its Self Help Resources, which provides the Small Estate Affidavit forms and instructions. * Cochran County - County provides Texas Judicial Branch Self Help resources, including access to TexasLawHelp online self-help forms. * Coke County - County provides self-help resources and Texas Court Help; no county-specific Small Estate Affidavit form found. * Coleman County - County’s Self Help Legal Resources directly links to TexasLawHelp and its Small Estate Affidavit toolkit. * Collingsworth County - County provides access to statewide self-help resources through TexasLawHelp; no county-specific Small Estate Affidavit found. * Colorado County - County provides Texas Court Help and State Law Library resources; no county-specific Small Estate Affidavit found. * Comal County - County provides access to TexasLawHelp self-help resources; no county-specific Small Estate Affidavit found. * Comanche County - No county-specific Small Estate Affidavit found; statewide/self-help resources are available for the probate process. * Concho County - Court resources provide Online Self-Help Forms through TexasLawHelp. * Cooke County - Court resources provide Online Self-Help Forms through TexasLawHelp. * Cottle County - County provides Texas Court Help under its Helpful Links; no county-specific Small Estate Affidavit found. * Crane County - County provides Texas Court Help and State Law Library under Self Help Resources; no county-specific Small Estate Affidavit found. * Crockett County - Court resources provide Online Self-Help Forms through TexasLawHelp. * Crosby County - County provides Texas Law Help and Texas Court Help for pro se litigants; no county-specific Small Estate Affidavit found. * Culberson County - Court resources provide Online Self-Help Forms through TexasLawHelp; no county-specific Small Estate Affidavit found. * Dallam County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Dawson County - TexasCourtHelp.org is provided on the County Clerk page as a resource for residents needing help with a legal problem. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Deaf Smith County - County Clerk's page specifically provides TexasLawHelp.org under “Notice of Self Help Resources” for legal information and forms for pro se litigants. * Delta County - County provides Texas Law Help as a self-help resource for probate forms; no downloadable county-specific Small Estate Affidavit was found. * DeWitt County - County District Clerk states that forms for filings can be obtained from Texas Law Help and provides TexasLawHelp.org under Resources. * Dickens County - County Clerk page has a Self Help Notice. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Donley County - County Clerk provides Texas Courts Help and the Court Help Hotline as legal self-help resources (County Website → Texas Court Help → Texas Law Help) * Eastland County - District Clerk page provides Texas Law Help and OCA Self-Help resources under its legal-help links. * Ector County - Ector County's Self-Help Center specifically links to the Texas Law Help Page. * Edwards County - County website provides a TexasLawHelp resource for free legal information to Texans. * Fannin County - Fannin County Law Library provides Texas Law Help General and Texas Court Help under its Legal Aid resources. * Fayette County - County Clerk page provides TexasCourtHelp under its legal resources; no county-specific SEA form was found. * Fisher County - District Clerk page provides a Self-Help Notice and a direct Texas Law Help resource. * Floyd County - No publicly accessible county-specific Form - County Clerk page provides legal assistance information through the State Bar and Texas law Help * Franklin County - Provides Texas Law Help link, where the statewide form is available. * Frio County - County Clerk's page specifically provides Texas Law Help – DIY Forms under Helpful Weblinks. * Gaines County - TexasCourtHelp.gov is listed under the County Clerk's Legal Information resources, providing access to statewide court/legal forms. * Garza County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Glasscock County - District Clerk page provides a Self-Help Notice. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Goliad County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Gray County - Gray County Clerk's Useful Links page directly provides a Texas Law Help link. * Gregg County - TexasLawHelp provides a dedicated Gregg County Courts at Law page with court information and instructions/forms resources. * Grimes County - County Clerk's probate page provides a Small Estate Affidavit resource but does not expose a county-specific SEA PDF; the page also provides Texas probate/self-help information. * Hall County - TexasLawHelp.org and TexasCourtHelp.org links are available under the County District Clerk's Self-Help Resources, where the statewide Small Estate Affidavit form is available. * Hamilton County - TexasCourtHelp and Texas Law Help links are available under the County Clerk's Free Legal Resources section, where the statewide Small Estate Affidavit form is available. * Hardin County - TexasCourtHelp link is available under the District Clerk's Helpful Information and Forms sections, where users can access statewide legal forms. * Harrison County - County Clerk's Helpful Information section directly links to Texas Law Help (includes small estate). * Hartley County - Notice of Self Help Resources links to TexasLawHelp.org, where the statewide Small Estate Affidavit form is available. * Hays County - Has Form - Hays County Probate page directly provides the Hays County Small Estate Affidavit, checklist, and proposed order. * Hemphill County - County Clerk provides Texas Law Help, Texas Judicial Branch, and Texas Court Help under its “Guide to Texas Civil Court and many do-it-yourself Legal Forms.” * Henderson County - County court resources direct users to Texas Law Help/Texas State Law Library for legal forms and self-help resources. * Hockley County - Multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Hopkins County - Under Helpful Links provides Texas Law Help site * Hunt County - Legal Information and Forms for Pro Se Litigants link directly to TexasLawHelp.org, where the statewide Small Estate Affidavit form is available. * Hutchinson County - Self-Help Resources link to TexasLawHelp.org, where the statewide Small Estate Affidavit form is available. * Irion County - County Clerk page provides Self-Help Resources with a TexasLawHelp.org link, where the statewide Small Estate Affidavit form is available. * Jackson County - County Clerk page provides links to self-help legal resources, where the statewide Small Estate Affidavit form is available. * Jasper County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help). * Jeff Davis County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help). * Jefferson County - Texas Law Help is provided under the District Clerk's Self-Help Legal Forms; the statewide Small Estate Affidavit is available through TexasLawHelp. * Kendall County - County Clerk provides a Legal Help at the Texas Court Help Website link. This provides the statewide legal-help route to the Small Estate Affidavit. * Kenedy County - County Clerk page has a Self Help Notice. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Kimble County - District Clerk page directly provides a Texas Law Help link under its legal-help resources, where the statewide Small Estate Affidavit form is available. * Kinney County - County Clerk page has a Self Help Notice. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Kleberg County - County Clerk's page provides TexasCourtHelp.gov under its self-help information. The statewide Small Estate Affidavit is available through the TexasCourtHelp → TexasLawHelp route. * Lamar County - County's Pro Se information directs users to TexasLawHelp.org for forms; no county-specific Small Estate Affidavit was found. * Lamb County - County Clerk page has a Notice of Self Help Resources and Texas Law Help is listed. * Lampasas County - County Clerk page has "Link for Legal Assistance". Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Lavaca County - County Clerk's Resources section directly links to TexasLawHelp.org, where the statewide Small Estate Affidavit form is available. * Leon County - County Clerk page has "Resources" to get the form and Texas Law Help is listed * Limestone County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help). * Live Oak County - Statewide Form - District Clerk directs users to TexasLawHelp.org for forms, where the statewide Small Estate Affidavit form is available. * Llano County - Statewide Form - County Clerk's Legal Information or Assistance section directly links to TexasLawHelp.org, where the statewide Small Estate Affidavit form is available. * Loving County - Statewide Form - Self Help Resources link is provided on the County Justice of the Peace page, providing access to statewide court self-help resources. * Madison County - District Clerk page provides Texas Court Help and Texas Law Help under resources for self-represented litigants. * Marion County - District Clerk page provides Texas Law Help and directs users to TexasLawHelp.org for forms and legal assistance. * Martin County - County & District Clerk resources include a Legal Self Help Notice, and the County Attorney's links include Texas Law Help. * Mason County - County Clerk's Self-Help Sites and Documents section provides a Legal Guidance - Texas Law Help link. * Matagorda County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help). * Maverick County - Helpful Resources section provides a Texas Law Help link, where the statewide Small Estate Affidavit form is available. * McLennan County - Self Help & Legal Resources page provides a direct Texas Law Help link. * McMullen County - County clerk page provides Texas Court Help link. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help). * Menard County - County District page "Self-Help Sites and Documents" provides a direct Texas Law Help link. * Midland County - County Self Help page provides a direct Texas Law Help link. * Milam County - Justice of the Peace page provides Texas Law Help under Legal Publications/Legal Service Sites and a Self-Help Notice. * Mills County - County Clerk page directs users to visit Texas Court Help (County Website → Texas Court Help → Texas Law Help). * Mitchell County - County Clerk page has a Self Help Notice. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Montague County - Statewide Form - Notice of Self Help Resources directly lists Texas Law Help for legal information and forms for pro se litigants. * Moore County - County Clerk's page specifically provides TexasLawHelp.org under “Notice of Self Help Resources”. * Morris County - County Clerk page provides a Texas Law Help link under "SELF HELP RESOURCES" * Motley County - "Helpful Links" found in Justice of the Peace page where Texas Law Help is listed * Navarro County - County's Indigent Defense page directs users to TexasLawHelp.org for assistance with civil cases. The County Clerk confirms that Small Estate Affidavits are filed in Navarro County, but no county-specific SEA was found on the public forms pages. * Newton County - County Clerk page directly provides TexasLawHelp as a legal-assistance resource. No county-specific SEA was found. * Nolan County - County Clerk's Legal Resources section has a Self Help Notice linking to TexasCourtHelp.gov and separately lists TexasLawHelp.org for Legal Information and Forms for Pro Se Litigants. * Nueces County - County resources provide direct access to Texas Law Help for legal forms and information. No county-specific SEA was verified among the publicly accessible forms. * Ochiltree County - County Clerk's Self Help Resources section directly links to TexasLawHelp.org under Legal Information and Forms for Pro Se Litigants. * Oldham County - County Clerk's Legal Resources section has a Self Help Notice linking to TexasCourtHelp.gov. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Panola County - District Clerk's Self Help Resources directs users to Texas Law Help or Texas Court Help for legal information and forms. * Pecos County - County Clerk's Legal Information section directly links to TexasLawHelp.org, where the statewide Small Estate Affidavit form is available. * Polk County - County Clerk's probate page lists TexasLawHelp.org under Resources, where the statewide Small Estate Affidavit form is available. * Potter County - County Court at Law #1 provides TexasLawHelp.org under Resources for Self-Represented Parties, where the statewide Small Estate Affidavit form is available. * Presidio County - County website's Useful Links section directly provides a Texas Law Help link, where the statewide Small Estate Affidavit form is available. * Rains County - County Clerk's Probate section directly links to the Small Estate Affidavit Guide and Forms on TexasLawHelp.org. * Randall County - County Clerk page provides Texas Law Help and Legal Aid Self Help under Quick Links, providing access to statewide forms. * Reagan County - County District Clerk page provides Self-Help Legal Resources, providing access to statewide legal forms. * Red River County - District Clerk page provides direct Texas Law Help and Texas Court Help links under Self Help Resource Links. * Reeves County - County District Clerk page state that their office does not provide any filing forms and form can be obtained at TexasLawHelp * Refugio County - Justice of the Peace page provides a Self-Help Notice, providing access to statewide legal resources. * Roberts County - County Clerk page provides Legal Self Help Resources, providing access to statewide legal forms. * Rockwall County - Self Help/Legal Resources page directly lists Texas Law Help under Online Legal Resources. * Runnels County - County materials confirm Small Estate Affidavit filings but no downloadable SEA or qualifying statewide-form link was verified. * Rusk County - County-hosted Self-Help Legal Information Packets provide a TexasLawHelp.org link for forms and information for other types of cases. * Sabine County - County clerk page has "NEED HELP WITH A LEGAL PROBLEM?" redirected to TexasCourtHelp. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * San Augustine County - District Clerk page provides self-help legal resources through TexasCourtHelp.org and TexasLawHelp.org. * San Jacinto County - Justice Court page provides a Notice of Self-Help Resources and a Self-Represented Litigant Forms link. * San Patricio County - District Clerk's Resources for Pro Se Litigants directly include TexasLawHelp.org, where the statewide Small Estate Affidavit form is available. * San Saba County - County District Clerk page has a link to TexasLegalHelp, where Statewide form can be obtained. * Schleicher County - Justice of the Peace page has "Helpful Resources/Links" TexasCourtHelp link is provided. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Shelby County - District Clerk provides self-help legal resources through TexasCourtHelp.org and TexasLawHelp.org. * Sherman County - District Clerk's Legal Self-Help Resources directly link to TexasLawHelp.org for legal information and forms for pro se litigants. * Somervell County - County Court provides a Self-Help Legal Information section identifying Texas Law Help as a statewide legal-help resource. * Stephens County - District Clerk page provides a Self Help Website resource. * Sterling County - 51 District Court page listed TexasLawHelp as other Helpful Websites. Statewide Form is available to download in TexasLawHelp site. * Stonewall County - County Justice Court provides online self-help legal forms and resources through TexasLawHelp. * Sutton County - County Clerk's Notice of Self Help Resources directly links to TexasLawHelp.org for legal information and forms for pro se litigants. * Swisher County - Site has a "Self Help resources" and under it is Legal Information and Forms for Pro Se Litigants which direct the users to visit TexasLawHelp site. * Taylor County - County court resources provide Online Self-Help Forms through TexasLawHelp.org, where the statewide Small Estate Affidavit form is available. * Terry County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Throckmorton County - Self-Help Resources directly link to TexasLawHelp.org for legal information and forms for pro se litigants. * Titus County - County court resources provide online self-help forms through TexasLawHelp.org, where the statewide Small Estate Affidavit form is available. * Trinity County - District Clerk page provide TexasLawHelp link to obtain the form * Upshur County - County Clerk's Legal Resources section has a Self Help Notice linking to TexasCourtHelp.gov. Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Upton County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Uvalde County - Statewide Form - County court resources provide access to TexasLawHelp and Texas Court Help self-help resources, where the statewide Small Estate Affidavit form is available. * Victoria County - Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help) * Ward County - County Clerk page links to TexasCourtHelp under “NEED HELP WITH A LEGAL PROBLEM?” Statewide form available via multi-step redirection (County Website → Texas Court Help → Texas Law Help). * Washington County - County Clerk's Probate / Guardianship Case Information page has a “SELF HELP RESOURCES” section linking to TexasLawHelp for legal information and forms. * Webb County - District Clerk's Online Resources directly list Texas Court Help and Texas Law Help among resources for self-help information and court forms. * Wharton County - County court resources provide Online Self-Help Forms through TexasLawHelp. The county's probate fee schedule confirms that Small Estate Affidavits are handled by the County Clerk, but no county-specific SEA was found. * Wheeler County - Justice of the Peace page has a Resources section linking to TexasLawHelp for forms and information, including other types of cases. Statewide form available through TexasLawHelp. * Wichita County - County District Clerk resources point users to TexasLawHelp for additional self-help forms, where the statewide Small Estate Affidavit is available. * Wilbarger County - County Clerk's Helpful Forms & Links section directly lists Texas Court Help, and the District Clerk page also provides Texas Court Help. * Willacy County - County Clerk page provides a Self-Help Notice that lists TexasCourtHelp. Statewide form available via multi-step redirection (County Website → Self-Help Notice → Texas Court Help → Texas Law Help). * Wilson County - County Clerk's probate section directs users to TexasLawHelp.org and the State Law Library for guidance; county Self-Help Resources also link to TexasLawHelp. * Winkler County - Justice of the Peace page provides a direct Texas Law Help link under Useful Links. * Wood County - County District Clerk's self-represented litigant resources direct users to TexasLawHelp.org and Texas Courts for legal information and forms. * Yoakum County - District Clerk's Helpful Links directly include Texas Court Help and Texas Law Help.
Filing feeVaries by county, but typically ranges from $250 to $400
Eligible filersspouse, adult_child, parent, sibling, other_heir
Notary requiredYes
Waiting period30 days after death

Texas residents and out-of-state heirs dealing with a Texas decedent can often collect assets without a full probate case. The Small Estate Affidavit is designed for smaller estates (generally under $75,000) where the cost of traditional probate would consume a large share of what the family is trying to recover.

What is the Texas small estate limit?

Under Tex. Est. Code § 205.001, the commonly cited personal-property threshold is $75,000. Amounts above that usually mean a formal probate (or a different summary procedure). Thresholds can be adjusted by the legislature, and some counties publish local checklists — always confirm the current figure before you swear to the affidavit.

Who may file in Texas?

Typical eligible filers include: spouse, adult child, parent, sibling, and other heir. You must generally be entitled to the assets you are collecting. If there are multiple heirs, many counties expect everyone entitled to the property to join or consent.

Waiting period and timing

Texas generally requires waiting at least 30 days after the date of death before the small estate procedure can be used. Filing early is a common reason clerks reject affidavits.

Real property and special conditions

Unlike many states, Texas has limited exceptions involving real property or homestead. Read the statute carefully: No real property unless it is the decedent's homestead.

How to file the Small Estate Affidavit

  1. Confirm the estate qualifies (value, waiting period, filer relationship, will status).
  2. Complete the Small Estate Affidavit with accurate decedent, heir, and asset details.
  3. Sign before a notary.
  4. File with County Probate Court. Budget for $0–$10 filing.
  5. Request certified copies — banks and DMVs usually want them.
  6. Present certified copies to each asset holder until accounts and titles are transferred.

Most Texas clerks expect the affidavit to be signed before a notary public. Banks and UPS Stores commonly offer notary services; bring government ID for every signer.

Documents to gather

  • Death certificate
  • List of assets and liabilities

Why families use SmallEstateBypass.com

We turn Texas's rules into a guided checklist, then generate a pre-filled package: cover sheet, filing instructions, and form fields populated from your answers. You still sign, notarize where required, and file with County Probate Court — we do not appear in court for you.

Important disclaimer

This guide is educational self-help, not legal advice, and is not a substitute for a Texas-licensed attorney. Contested estates, missing heirs, business interests, or multi-state assets usually need counsel. Statute reference: Tex. Est. Code § 205.001. Content last reviewed: August 2026.

Texas small estate FAQ

What is the small estate limit in Texas?

The commonly applied limit is $75,000 under Tex. Est. Code § 205.001. Estates above that amount usually require a different probate procedure.

Who can file a Small Estate Affidavit in Texas?

spouse, adult child, parent, sibling, and other heir may typically file when they are entitled to the assets being collected.

How long after death can I file in Texas?

Wait at least 30 days after the date of death before using the small estate procedure.

Do I need a notary in Texas?

Yes — plan to sign the Small Estate Affidavit before a notary public.

Can I include a house or land?

Unlike many states, Texas has limited exceptions involving real property or homestead. Read the statute carefully: No real property unless it is the decedent's homestead.

What if there is a will?

If the decedent left a will that must be probated, the small estate shortcut usually does not replace a will probate. Ask a Texas attorney if you are unsure.