Free Texas estate form · Tex. Est. Code ch. 205
Texas Small Estate Affidavit
A Texas small estate affidavit lets the heirs of someone who died without a will collect the estate without probate when more than 30 days have passed and the assets, not counting the homestead and exempt property, are $75,000 or less. Two disinterested witnesses and the heirs swear to it, and a judge must approve it (Tex. Est. Code §205.001).
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Law and county facts checked November 14, 2026.
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Tex. Est. Code §205.001
Who can use a small estate affidavit in Texas?
You can use one when the person died without a will, more than 30 days have passed, nobody has asked the court to appoint a personal representative, and the assets, not counting the homestead and exempt property, are $75,000 or less (Tex. Est. Code §205.001). It is filed with the county clerk and works only once the judge approves it. If something doesn't fit, the checker above says which path does.
Tex. Est. Code §§205.006, 205.009, 353.051
Can a small estate affidavit transfer a house in Texas?
Only the homestead, and only when it is the only real property in the estate; the affidavit must then be recorded in the deed records of the county where the house is (Tex. Est. Code §§205.006, 205.008). Chapter 205 counts the homestead only if it could be set aside for a surviving spouse or minor children (§§205.009, 353.051). So if the house would go to adult children, it can't pass this way: look at the affidavit of heirship or talk to a lawyer.
Tex. Est. Code §205.002
Who has to sign a small estate affidavit?
Two disinterested witnesses (people with no stake in the estate), and each heir who has legal capacity; for a minor or incapacitated heir, a parent, next of kin or guardian signs where the facts call for it (Tex. Est. Code §205.002). Each signer swears to it before a notary. Some courts won't approve an affidavit with an heir under 18 at all; the county list below says which.
Tex. Est. Code §205.007(c)
What am I responsible for if I sign it?
Each person who signs is liable for any damage or loss caused by a payment, delivery or transfer made in reliance on the affidavit (Tex. Est. Code §205.007(c)). That is why the asset list, the debts and the family history must be complete and true. If you aren't sure about an asset or an heir, find out before you sign.
County fee schedules
How much does it cost to file a small estate affidavit in Texas?
The county filing fee is $360–$404 in the 5 counties we checked; the table below lists each one with its source. Certified copies and recording in the deed records may cost extra, so ask the clerk for the current amounts. Filling in the affidavit here is free.
| County | Court requires its own form | Filing fee | Where to file | Agreedly tool |
|---|---|---|---|---|
| Harris Countychecked November 14, 2026 | No | $360fee schedule | Harris County Clerk, Probate Department201 Caroline, Suite 800, Houston, TX 77002 | CoveredCounty form |
| Travis Countychecked November 14, 2026 | Yes | $360fee schedule | Travis County Clerk, Probate DivisionP.O. Box 149325, Austin, TX 78714 (mail); 5501 Airport Blvd., Austin, TX 78751 | CoveredCounty form |
| Bexar Countychecked November 14, 2026 | Yes | $360fee schedule | Bexar County Clerk, Probate Department100 Dolorosa, Suite 104, San Antonio, TX | CoveredCounty form |
| Dallas Countychecked November 14, 2026 | Yes | $360fee schedule | Dallas County Clerk, Probate Courts DivisionGeorge Allen Courts Building, 600 Commerce St., Suite 400, Dallas, TX | CoveredCounty form |
| Tarrant Countychecked November 14, 2026 | Not stated | $404fee schedule | Tarrant County Clerk, Intake office100 W. Weatherford St., Room B-90, Fort Worth, TX 76196 | CoveredCounty form |
What each county wants with the affidavit
Harris County
- How the judge decides
- On the papers
- An heir under 18
- A natural parent signs for the minor.
- File with it
- Ask the clerk whether a death certificate copy is needed (the Harris form doesn't say)
- The court recommends, but does not require, the clerk's form. The court fills in each heir's share itself.
Travis County
- How the judge decides
- On the papers
- An heir under 18
- The court won't approve the affidavit.
- File with it
- A readable copy of the death certificate, Social Security number crossed out
- HHSC Form 8004, Medicaid Estate Recovery Program (MERP) Authorization and Certification, if the third Medicaid box is checked
- The court requires its own form, the most recent version on its website.
Bexar County
- How the judge decides
- On the papers
- An heir under 18
- Approved only if the minor's share is deposited into the registry of the court until age 18.
- File with it
- A readable copy of the death certificate, Social Security number crossed out
- The proposed Order Regarding Small Estate Affidavit, every blank filled in (Administrative Order 2019-02)
- HHSC Form 8004, Medicaid Estate Recovery Program (MERP) Authorization and Certification, if the third Medicaid box is checked
- Administrative Order 2019-02 requires the court's form and order.
Dallas County
- How the judge decides
- On the papers
- An heir under 18
- Approved only if the minor's share is deposited into the registry of the court until age 18.
- File with it
- A readable copy of the death certificate, Social Security number crossed out
- Civil Case Information Sheet and Supplementary Probate Court Information Sheet (the court will not consider the affidavit without both)
- HHSC Form 8004, Medicaid Estate Recovery Program (MERP) Authorization and Certification, if a Medicaid box requires it
- The court's 2017 checklist still says $50,000 and a $217 fee; both are out of date.
Tarrant County
- How the judge decides
- Ask the clerk
- An heir under 18
- The court won't approve the affidavit.
- File with it
- A redacted copy of the death certificate
- HHSC Form 8004, Medicaid Estate Recovery Program (MERP) Authorization and Certification, whenever the decedent received Medicaid on or after March 1, 2005
- The proposed Order Approving Small Estate Affidavit
- The $404 fee includes one certified copy.
- The form cannot be used if any heir is under 18 or incapacitated.
Another Texas county? Probate courts set local rules and several publish their own form. Get the form and the fee from the county clerk's probate department before you fill anything in.
Tex. Est. Code §205.003
Will the probate court accept a small estate affidavit filled in online?
The court reads the affidavit, not how it was typed, but Travis, Bexar, and Dallas counties say their own form must be used. For Harris County, Travis County, Bexar County, Dallas County, and Tarrant County, the tool fills in the court's own required form word for word; for the other counties, use the county's form linked in the table until we add it. Approval is always the judge's decision (Tex. Est. Code §205.003).
Tex. Est. Code §§205.004, 205.006
What happens after the judge approves it?
Get certified copies from the clerk and give one to each bank, company or person who owes the estate money or holds its property, so they can pay or hand it over to the heirs (Tex. Est. Code §205.004). If the affidavit passes the homestead, record it in the deed records of the county where the house is (§205.006).
Tex. Est. Code §§203.001, 205.001
Small estate affidavit vs. affidavit of heirship: which do I need?
A small estate affidavit is filed with the probate court, needs a judge's approval, and lets the heirs collect up to $75,000 of property (not counting the homestead and exempt property) without probate (Tex. Est. Code §205.001). An affidavit of heirship never goes to court: it is a sworn statement of the family facts, recorded in the county deed records (§§203.001, 203.002). The table compares them side by side.
| Small estate affidavit | Affidavit of heirship | |
|---|---|---|
| Law | Tex. Est. Code ch. 205 | Tex. Est. Code ch. 203 |
| What it does | Lets the heirs collect the estate without a personal representative (§205.001) | States the family facts and who the heirs are (§203.002) |
| Will | Only if there was no will (§205.001) | This tool: only if there was no will |
| Dollar limit | $75,000, not counting the homestead and exempt property (§205.001) | None in chapter 203 |
| Waiting period | More than 30 days after the death (§205.001) | None in chapter 203 |
| Who signs | Two disinterested witnesses and each heir with legal capacity (§205.002) | One affiant who knew the person who died (§203.002) |
| Court | Filed with the county clerk; a judge must approve it (§205.003) | No court; recorded in the county deed records (§203.001) |
| The house | Only the homestead, for a surviving spouse or minor children (§§205.006, 205.009) | Evidence of the heirs, not a court order; prima facie after 5 years of record (§203.001) |
| County fee | $360–$404 filing fee in the counties we checked | Recording fee: ask the clerk |
| On Agreedly | Free | Free |
Texas Comptroller
How do I claim a parent's unclaimed money in Texas?
Search ClaimItTexas, the Texas Comptroller's unclaimed property site, for the person's name. To claim as an heir, the Comptroller has its own affidavit of heirship form, 53-111-b. For a car or truck, the Texas DMV uses form VTR-262.
Tex. Gov't Code §83.001
Is this really free?
Yes. There is no account and no payment, and nothing you type is stored. Texas law lets only a licensed attorney charge for preparing a document that affects title to real property (Tex. Gov't Code §83.001), so this will stay free. Agreedly is not a law firm and not a government website.
When you need a lawyer
These forms are for simple, agreed family situations. Talk to a Texas lawyer first if any of these is true:
- There is a will, or someone has already asked the court to appoint an executor or administrator.
- The assets are over $75,000 not counting the homestead and exempt property, or there is land other than the homestead.
- The house would go to adult children rather than to a surviving spouse or minor children.
- An heir is under 18 or incapacitated, or the family history is unclear or disputed.
- The person received Medicaid (the state's Medicaid Estate Recovery Program may have a claim), or there are unpaid debts, a mortgage, a reverse mortgage or a home-equity loan.
- You are unsure about anything you would be swearing to. Each signer of a small estate affidavit is personally liable for losses caused by relying on it (Tex. Est. Code §205.007(c)).
The State Bar of Texas Lawyer Referral & Information Service can set up a 30-minute consultation with a lawyer for $20.
Related
- Texas affidavit of heirship — For recording who the heirs are in the county deed records, with no court and no dollar limit.
- Died without a will in Texas: the three ways heirs get the property
Sources
Every legal statement on this page comes from these primary sources, each read on the date shown.
- Tex. Est. Code §205.001 · read on November 14, 2026
Distributees of someone who died without a will take the estate without a personal representative if 30 days have passed since death, no petition for a personal representative is pending or granted, the estate assets (excluding homestead and exempt property) are $75,000 or less, the affidavit is filed with the court clerk, and the judge approves it.
- Tex. Est. Code §205.002 · read on November 14, 2026
The affidavit must be sworn to by two disinterested witnesses, by each distributee with legal capacity, and where the facts warrant by the natural guardian or next of kin of a minor distributee or the guardian of an incapacitated one. It must list all known assets (marking which are claimed exempt) and liabilities, each distributee's name and address, and the family history showing each distributee's right to inherit.
- Tex. Est. Code §§205.003, 205.004 · read on November 14, 2026
The judge examines the affidavit and may approve it if it conforms to chapter 205. Distributees then give a clerk-certified copy to anyone who owes the estate money or holds its property.
- Tex. Est. Code §§205.006(a), 205.008(b) · read on November 14, 2026
If the homestead is the only real property in the estate, title to it may pass under the affidavit, which must then be recorded in the deed records of the county where the homestead is. Otherwise the affidavit does not transfer title to real property.
- Tex. Est. Code §§205.009, 353.051(a) · read on November 14, 2026
In chapter 205, homestead and exempt property mean only property that could be set aside under §353.051. The homestead is set aside only for a surviving spouse and minor children; other exempt personal property also for unmarried adult children remaining with the family and incapacitated adult children.
- Tex. Est. Code §205.007(c) · read on November 14, 2026
Each person who signs the affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer or issuance made in reliance on it.
- Tex. Est. Code §203.001(a), (d) · read on November 14, 2026
A recorded affidavit is prima facie evidence of the family facts it states once it has been of record for five years or more in the deed records of the county where the property is, or where the decedent was domiciled. It does not affect the rights of an omitted heir or a creditor.
- Tex. Gov't Code §§83.001, 83.005, 83.006, 81.101(c) · read on November 14, 2026
Only a licensed Texas attorney (or a broker acting under Occupations Code ch. 1101, or for mineral interests) may charge or receive, directly or indirectly, compensation for preparing a legal instrument affecting title to real property, including a deed. A payer may recover the fee, three times the fee as damages, costs and attorney's fees.
- Tex. Gov't Code §81.101(c) · read on November 14, 2026
Computer software and website forms are not the practice of law if the products clearly and conspicuously state that they are not a substitute for the advice of an attorney.