Yes, a notary is required.
Sworn before a notary by each distributee, with two disinterested witnesses.
In the official wording
"must personally appear before a Notary Public and swear to the contents of the affidavit."
From the official pages listed below, checked November 2026.
What else the signing needs
- Value limit
- Estate assets, not counting the homestead and exempt property, worth no more than $75,000. Only for a person who died without a will. The affidavit transfers a homestead only if it's the only real property, and then it's recorded in the deed records.
"excluding homestead and exempt property"
- Waiting period
- Thirty days after the death, with no petition for a personal representative pending or granted.
"30 days have elapsed since the date of the decedent's death"
- Where it goes
- Filed with the clerk of the court with jurisdiction; the judge may approve it.
"filed with the clerk of the court that has jurisdiction and venue of the estate"
- Official form
- Small Estate Affidavit (Tarrant County Probate Court). A county court's form with the order approving it; the Tarrant County filing fee is $404. Open the official form
- Other simplified route
- Small estate affidavit (intestate only). A court-approved affidavit; with a will, other paths such as probate as a muniment of title apply.
Next step
Sign by video with our New Jersey notary while you're in Texas, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How Texas treats it: Texas allows acknowledgments taken outside Texas by a notary of that place (Civ. Prac. & Rem. Code §121.001). How Texas treats another state's online notarization isn't spelled out, so confirm with whoever receives the document. More on Texas signers.
Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one.
Book an online notarization Request a mobile notary in Texas
In person, we look for a notary commissioned in Texas near you; you approve the price first.
If a local notary in Texas does it: Acknowledgments or proofs of instruments for registration, including certificate and seal, $10; Administering oaths or affirmations, including certificate and seal, $10, under the state's fee rules (Texas notary fees).
Official sources
- Texas Estates Code chapter 205, Small estate affidavit (Texas Legislature) (checked November 2026)
- Tarrant County Probate Court: Small Estate Affidavit form (April 3, 2025) (PDF) (checked November 2026)
We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.
Common questions
Is a notary required for a Texas small estate affidavit?
Yes, a notary is required. Sworn before a notary by each distributee, with two disinterested witnesses.
What is the small estate limit in Texas?
Estate assets, not counting the homestead and exempt property, worth no more than $75,000. Only for a person who died without a will. The affidavit transfers a homestead only if it's the only real property, and then it's recorded in the deed records.
How long after a death can the Texas affidavit be used?
Thirty days after the death, with no petition for a personal representative pending or granted.
Is the Texas affidavit filed with a court?
Filed with the clerk of the court with jurisdiction; the judge may approve it.
Can I sign the Texas affidavit with an online notary?
Our New Jersey notary can notarize it by video while you're in Texas. Texas allows acknowledgments taken outside Texas by a notary of that place (Civ. Prac. & Rem. Code §121.001). How Texas treats another state's online notarization isn't spelled out, so confirm with whoever receives the document. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit.
What does a notary charge in Texas?
$10 for acknowledgments, oaths and most other acts, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.
Keep going
A small estate affidavit in another state: Tennessee · Utah · every state