Texas community resource
Small Estate Affidavit Probate Toolkit
TexasLawHelp.org
Free forms and instructions for using a Texas Small Estate Affidavit to transfer an eligible intestate estate without full probate administration.
Information last checked:
How to get help
Wait at least 30 days after death, identify the proper county probate court, confirm local requirements, complete the affidavit fully, obtain signatures from all heirs and two disinterested witnesses, file the affidavit with the appropriate proposed order, and after approval provide certified copies as directed. Travis County filers must use the county probate court's required form.
Who this service helps
The decedent must have died without a valid will; qualifying nonexempt assets must total less than $75,000 and exceed qualifying debts; all heirs must be located and sign; no administration may be pending or needed; and real property is limited to the qualifying homestead conditions stated in the guide.
Where this service is available
Service area: People handling eligible Texas legal matters, including residents and court users in Central Texas.
A service area describes where help is offered or who may be served. It is not necessarily the organization’s physical location.
Cost / fees
The guide and forms are free. Court filing, certified-copy, records, notarization, publication, bond, or legal-assistance costs may apply depending on the estate and local court.
About this service
The toolkit covers eligibility, the 30-day waiting period, heir and witness signatures, asset and debt schedules, filing in the proper probate court, hearing or review, proposed approval orders, and distribution after approval.
Other resources that may help
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