Texas probate code · checked October 2026

Texas Small Estate: The Limit, the Tracks, and the Form

For money and belongings, Texas's affidavit limit is $75,000 — applied to the estate after the assets that pass automatically are taken out. The only real property the Texas affidavit may carry is the homestead, and only to a surviving spouse or minor children who homesteaded with the deceased — and the homestead's value is excluded from the $75,000 count. Any other real estate needs the muniment-of-title track (with a will) or probate. The affidavit, where one exists, cannot be used until 30 days have passed since the death.

Run the free Texas check

The Texas line, in facts

The affidavit limit today: $75,000, judged by the law in force on the date of death.

The paper: Small Estate Affidavit (TexasLawHelp toolkit form under Estates Code ch. 205; no statewide form number).

How it moves: filed with the court — a court paper, not an envelope.

The wait: 30 days after the death before the affidavit can be used.

For a surviving spouse: No higher cap for a spouse; a spouse matters only for the homestead rule - the homestead may pass via the affidavit solely to a surviving spouse or minor children in the home.

The tracks in Texas

Track	Limit	How it works
Small-estate affidavit	$75,000	Filed with the court. Form: Small Estate Affidavit (TexasLawHelp toolkit form under Estates Code ch. 205; no statewide form number).
Probate of Will as Muniment of Title (Estates Code ch. 257)	—	Probate of a will as a Muniment of Title (Estates Code ch. 257) is Texas's with-a-will shortcut: the court finds a valid will and no unpaid debts other than liens on real estate (or no necessity for administration), and the order itself transfers title — no executor, no administration.

The Texas path, walked in order

Decide the will question first: with a will, this page's affidavit is the wrong tool — the muniment-of-title track (§8 of the checker verdict) is the shortcut.
Confirm the estate is solvent in the statutory sense: assets must exceed known liabilities, excluding the homestead and exempt property (Estates Code ch. 205).
Wait 30 days from the death, then prepare the ch. 205 affidavit listing every asset and every heir — it must be sworn by two disinterested witnesses as well as the distributees.
File it with the county court and get the judge's approval — in Texas the affidavit is a court paper, not an envelope.
Record the approved affidavit in the county deed records if real property is involved, and present copies to each holder.

What catches families in Texas

The affidavit must be filed with the court clerk AND approved by a judge (§§ 205.001, 205.003) — Texas's 'affidavit' is a court paper, not an envelope; it also requires two disinterested witnesses alongside the distributees.
The cap excludes the homestead and exempt property entirely, and the affidavit only works to the extent estate assets exceed known liabilities — an insolvent Texas estate cannot use it at all.
Vehicles have their own lane entirely: TxDMV Form VTR-262 (Affidavit of Heirship for a Motor Vehicle) retitles an intestate vehicle with no court approval.

Vehicles in Texas

Vehicles are not the SEA's normal route: an intestate vehicle title passes on TxDMV Form VTR-262 (Affidavit of Heirship for a Motor Vehicle, no court approval), and an owner may pre-name a title beneficiary on Form VTR-121.

Debts, and the signer's duty

The affidavit is available only to the extent estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding liabilities secured by homestead and exempt property (Est. Code 205.001).

Rules checked October 2026 · Sources: Tex. Est. Code ch. 205 (§§ 205.001-205.009); Tex. Est. Code 205.001; Tex. Est. Code 205.002; Tex. Est. Code ch. 257 (muniment of title), § 257.001; Tex. Est. Code ch. 114 (transfer on death deed). This page reads the published law; it is not legal advice, and the court is the final word.

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