--- title: "Texas Small Estate Affidavit: Limit, Wait, Notary | MCC" description: "Texas small estate affidavit: Up to $75,000; 30 days after the death; notarized; through a court office. From the state's own pages." url: "https://mcc-solutionsnj.com/notary/small-estate-affidavit-texas" --- Small estates · Texas # Texas small estate affidavit The limit, how long to wait, the notary rule, where the affidavit goes, and the official form, from this state's own court and statute pages. ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) **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](https://www.tarrantcountytx.gov/content/dam/main/county-clerk/OriginalSmallEstate2026.pdf) 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 [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## Three example estates For a death on November 13, 2025, the stated limit gives: - **$18,800:** under the stated limit. [See why](/notary/small-estate-eligibility-checker?state=tx&value=18800&dod=2025-11-13) - **$67,500:** under the stated limit. [See why](/notary/small-estate-eligibility-checker?state=tx&value=67500&dod=2025-11-13) - **$112,500:** over the stated limit. [See why](/notary/small-estate-eligibility-checker?state=tx&value=112500&dod=2025-11-13) Your own numbers: [open the checker for this state](/notary/small-estate-eligibility-checker?state=tx). ## 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](/tools/executor-checklist-texas) · Kits: [Texas Executor Kit](/toolkits/tx-executor-kit). Where an affidavit has to be notarized or sworn: MCC Solutions notarizes in New Jersey, with a [mobile notary](/notary/mobile-notary) who comes to you and [remote online notarization](/notary/remote-online-notarization). Elsewhere, a local notary can help. Family far from the estate? Our [estate paperwork help](/notary/estate-paperwork-help-out-of-state) 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)](https://tcss.legis.texas.gov/resources/ES/htm/ES.205.htm) (checked November 2026) - [Tarrant County Probate Court: Small Estate Affidavit form (April 3, 2025) (PDF)](https://www.tarrantcountytx.gov/content/dam/main/county-clerk/OriginalSmallEstate2026.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](/notary/small-estate-affidavit-by-state) · [Tennessee](/notary/small-estate-affidavit-tennessee) · [Wyoming](/notary/small-estate-affidavit-wyoming) · [Small estate affidavit: signing and notary checks](/notary/guides/small-estate-affidavit-notary-checks) ## Need an affidavit notarized in New Jersey? [Book a mobile notary](/notary/mobile-notary)[Call (908) 444-6373](tel:+19084446373)