Short answer. Up to $75,000; 30 days after the death; notarized; through a court office.
At a glance
- 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.
- Wait after death
- Thirty days after the death, with no petition for a personal representative pending or granted.
- Notary
- Sworn before a notary by each distributee, with two disinterested witnesses.
- Where it goes
- Filed with the clerk of the court with jurisdiction; the judge may approve it.
- 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 it
- Simplified procedure
- Small estate affidavit (intestate only). A court-approved affidavit; with a will, other paths such as probate as a muniment of title apply.
In the official wording
Limit
"excluding homestead and exempt property"
Wait
"30 days have elapsed since the date of the decedent's death"
Notary
"must personally appear before a Notary Public and swear to the contents of the affidavit."
Where it goes
"filed with the clerk of the court that has jurisdiction and venue of the estate"
Get it notarized online today
Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email
A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.
What you need
- A valid government photo ID
- A computer or phone with a camera
- The unsigned document
Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say
Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers
Three example estates
For a death on November 13, 2025, the stated limit gives:
- $18,800: under the stated limit. See why
- $67,500: under the stated limit. See why
- $112,500: over the stated limit. See why
Your own numbers: open the checker for this state.
Worth knowing
Chapter 205 applies only when the person died without a will. Last amended by Acts 2017, ch. 844 (H.B. 2271), effective September 1, 2017.
Bigger estate or full probate: Executor checklist · Kits: Texas Executor Kit.
Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a mobile notary who comes to you and remote online notarization. Elsewhere, a local notary can help. Family far from the estate? Our estate paperwork help sends a local runner or notary to order records, pick up papers and get the affidavit signed, in any state.
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)
General information, not legal advice; we are not lawyers. Each holder may still ask for its own form, and a lawyer can confirm whether the estate qualifies.
Common questions
What is the small estate limit in Texas?
Up to $75,000. 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?
30 days. Thirty days after the death, with no petition for a personal representative pending or granted.
Does a Texas small estate affidavit need a notary?
Yes. Sworn before a notary by each distributee, with two disinterested witnesses.
Is it filed with a court in Texas?
Yes. Filed with the clerk of the court with jurisdiction; the judge may approve it.
Can real estate pass this way in Texas?
Not by this affidavit. Small estate affidavit (intestate only): A court-approved affidavit; with a will, other paths such as probate as a muniment of title apply.
Is there an official Texas 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.
All states: small estate affidavit by state · Tennessee · Wyoming · Small estate affidavit: signing and notary checks