Texas small estate
Texas small estate limit
The Texas small estate affidavit limit is $75,000, not counting the homestead and exempt property. You can use it only when there's no will and 30 days have passed since the death (Tex. Est. Code § 205.001).
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The Texas small estate affidavit limit is $75,000, not counting the homestead and exempt property. You can use it only when there's no will and 30 days have passed since the death (Tex. Est. Code § 205.001).
General information, not legal advice. Statutes change, and courts apply them to the facts of each estate. Check with the probate court or a probate attorney before you rely on a figure or a date.
Small estate affidavit (Tex. Est. Code § 205.001)
| Limit | $75,000 |
| What counts | Value of the estate's assets on the date of the affidavit, not counting the homestead and exempt property. The assets must be worth more than the known debts (not counting debts secured by the homestead or exempt property). |
| Waiting period | 30 days after death |
| Who can use it | Only when there is no will (intestate) |
| Statute | Tex. Est. Code §§ 205.001, 205.003 |
You file the affidavit with the clerk of the court that handles the estate. The judge reviews it and may approve it (§ 205.003).
Common questions
What is the small estate limit in Texas?
The limit is $75,000 for the small estate affidavit (Tex. Est. Code § 205.001). You file the affidavit with the clerk of the court that handles the estate. The judge reviews it and may approve it (§ 205.003).
What counts toward the Texas limit?
Value of the estate's assets on the date of the affidavit, not counting the homestead and exempt property. The assets must be worth more than the known debts (not counting debts secured by the homestead or exempt property).
How long do you have to wait to use it in Texas?
You have to wait 30 days after death (Tex. Est. Code §§ 205.001, 205.003).
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Sources
- Tex. Est. Code ch. 205 — Texas Legislative Council
We last checked the statute text against the official publishers in August 2026.