Texas Small Estate Affidavit

In Texas, the loved ones of a deceased family member, other heirs, or creditors with evidence of the decedent’s debts, may file a small estate affidavit to take possession of the real estate of a deceased person. If there is no will and the family wishes to avoid probate court, the real estate may not value more than $50,000 in Texas. This small estate affidavit is governed by Tex. Est. Code § 205 as of 2014, as well as Tex. Prob. Code Ann. § 137.

By County

Other Versions

How to Write (Generic Form)

Step 1 – Download in Adobe PDF or Microsoft Word (.doc).

Step 2 – Enter the following into the form:

  • Header – Enter Superior Court (See List)
  • Name of Decedent
  • Date of Birth
  • Case Number
  • Check the three (3) boxes depending on your situation
  • Date and Sign
  • Verification – On the last page you will be required to verify that everything you have stated is true and accurate

Step 3 – File the form with a copy of the death certificate to the proper clerk or courthouse.