--- title: "Executor in Texas: Small Estate, Muniment of Title, 10 Steps" description: "Texas executor checklist: the $75,000 small estate affidavit (no will, 30 days), probate as a muniment of title, and creditor notice deadlines." url: "https://mcc-solutionsnj.com/tools/executor-checklist-texas" --- Free checklist · Texas executors # Texas executor checklist: the first 10 steps Texas has three common paths: a small estate affidavit, probate as a muniment of title, or letters testamentary. Which one fits decides everything else. **Short answer.** With **no will**, at least **30 days** after the death, and estate assets of **$75,000 or less** (not counting the homestead and exempt property), heirs may use a **small estate affidavit** sworn by two disinterested witnesses and approved by the judge. With a will and **no unpaid debts** except ones secured by a lien on real estate, a court may admit the will as a **muniment of title**. Otherwise an executor qualifies and publishes a creditor notice within a month. Texas repealed its inheritance tax in 2015. **This is an organizer. Probate rules are complex; talk to the court clerk or an attorney.** ## The first 10 steps Tick them off as you go. The ticks stay on this screen only; nothing is saved or sent. - **Order death certificates**The clerk, banks and insurers will each want one. - **Social Security**The funeral home usually reports the death. If not, call 1-800-772-1213; a surviving spouse may get $255. - **Find the original will**Don't wait: a court asks for extra proof when a will is offered more than four years after death. - **Secure the home and property**Lock up, keep insurance, forward the mail. - **List assets and debts**Mark the homestead and exempt property, and any debt secured by real estate. - **No will and $75,000 or less?**After 30 days, the small estate affidavit, with two disinterested witnesses, filed with the clerk. - **A will and no unsecured debts?**Ask about probate as a muniment of title, and the sworn affidavit within 180 days after. - **Otherwise, apply for letters**Once you qualify, the notice deadlines start. - **Creditor and beneficiary notices**Publish within 1 month of qualifying, secured creditors within 2 months, beneficiaries within 60 days of the order. - **Inventory within 90 days**Or the affidavit in lieu of inventory where allowed. Get an EIN and keep all money in the estate account. ## Work out the Texas dates Enter the date of death to see the Texas dates. ## Want us to handle it? We order certified records, pick up and deliver documents, get the small estate affidavit signed and notarized, and file papers near where the estate is, in any state. We are not lawyers. **Price:** Quote-based, from $199 per job plus government and court fees at cost. Starting rates. Your exact price is quoted after we confirm a local notary/runner, before you pay. [Ask for estate paperwork help](/notary/estate-paperwork-help-out-of-state#request) ## The Texas rules behind the steps ### Small estate affidavit (Estates Code ch. 205) - Only when the person died without a will; 30 days have passed; no petition for a personal representative is pending or granted. - Estate assets, excluding homestead and exempt property, not more than $75,000 on the date of the affidavit. - Sworn by two disinterested witnesses and each distributee with capacity; lists assets, debts, heirs and family history; the judge may approve it. - It transfers a homestead only when that's the only real property, and the affidavit is recorded in the county deed records. [Chapter 205](https://tcss.legis.texas.gov/resources/ES/htm/ES.205.htm). ### Muniment of title (ch. 257) Available when the estate owes no unpaid debt other than one secured by a lien on real estate, or the court finds administration unnecessary. A sworn affidavit on the will's terms follows within 180 days. [Chapter 257](https://tcss.legis.texas.gov/resources/ES/htm/ES.257.htm). ### After you qualify | Notice | Deadline | | --- | --- | | Published notice to creditors | Within 1 month of qualifying | | Secured creditors, certified mail | Within 2 months of qualifying | | Beneficiaries | Within 60 days of the order admitting the will | | Inventory | Within 90 days of qualifying | From the [Tarrant County Probate Court guide (2025)](https://www.tarrantcountytx.gov/content/dam/main/probate-courts/probate-court-2/2025IndependentExecutorsGuide.pdf). Your court's instructions control. ### Taxes The Texas Inheritance Tax was repealed effective September 1, 2015 ([Texas Comptroller](https://content.govdelivery.com/accounts/TXCOMPT/bulletins/11679ec)). For any other state tax question, check comptroller.texas.gov. ## Official sources - [Texas Estates Code chapter 205, small estate affidavit](https://tcss.legis.texas.gov/resources/ES/htm/ES.205.htm) - [Texas Estates Code chapter 257, muniment of title](https://tcss.legis.texas.gov/resources/ES/htm/ES.257.htm) - [Tarrant County Probate Court No. 2: Independent Executors Guide, 2025 (PDF)](https://www.tarrantcountytx.gov/content/dam/main/probate-courts/probate-court-2/2025IndependentExecutorsGuide.pdf) - [Travis County Probate Court: Order on applications to probate a will after four years (PDF)](https://www.traviscountytx.gov/images/probate/Docs/Probate_Article/P8_Combined_Admin_ord_Will_4_years_after_testators_death.pdf) - [Texas Comptroller: Effective Sept. 1, 2015, Texas Inheritance Tax Repealed](https://content.govdelivery.com/accounts/TXCOMPT/bulletins/11679ec) - [Social Security Administration: When someone dies](https://ssa.gov/personal-record/when-someone-dies) - [IRS: Deceased taxpayers, filing the estate income tax return (Form 1041)](https://www.irs.gov/individuals/deceased-taxpayers-filing-the-estate-income-tax-return-form-1041) Checked November 2026. General information checked November 2026 against the official sources above. It is an organizer, not legal, tax or financial advice, and it doesn't decide which procedure fits your estate: the court and your attorney do. MCC Solutions is not affiliated with any court or state agency. The date tool runs in your browser, and nothing you enter is sent or saved. ## Common questions **What is the Texas small estate affidavit limit?** $75,000 of estate assets on the date of the affidavit, not counting the homestead and exempt property (Estates Code s. 205.001). **Can I use a small estate affidavit if there is a will?** No. Chapter 205 covers a person who died intestate, meaning without a will. With a will, ask about a muniment of title or letters. **What is a muniment of title in Texas?** A way a court may admit a will to probate when the estate owes no unpaid debt except debts secured by a lien on real estate, or the court finds administration unnecessary (Estates Code chapter 257). The applicant files a sworn affidavit on the will's terms within 180 days. **When must a Texas executor notify creditors?** Publish a notice within one month of qualifying and notify secured creditors by certified mail within two months, per the Tarrant County Probate Court's guide. **Does Texas have an inheritance tax?** Not since September 1, 2015, when the Texas Inheritance Tax was repealed, per the Comptroller. Other states: [New York](/tools/executor-checklist-new-york) · [Pennsylvania](/tools/executor-checklist-pennsylvania) · [Florida](/tools/executor-checklist-florida) · [California](/tools/executor-checklist-california) · [New Jersey](/notary/executor-checklist-new-jersey) Related: [Small estate affidavit: signing and notary checks](/notary/guides/small-estate-affidavit-notary-checks) · [Probate documents that need a notary](/notary/guides/probate-and-estate-documents-that-need-notarization) · [Inherited IRA 10-year rule checker](/bookkeeping/inherited-ira-10-year-rule-checker) For Texas executors ## Texas Executor Kit Six fill-in documents and an Excel workbook: the first 30 days, the three Texas paths, the tax status, creditor notices and log, an inventory marking exempt assets and a distribution log. [Get the kit ($25)](/toolkits/tx-executor-kit) [Free sample](/toolkits/tx-executor-kit#free-starter)14-day full refund Part of: [Executor and estate paperwork by state](/notary/executor-guide-by-state) ## More free checklists and calculators [See all free tools](/free-tools)[Call (908) 444-6373](tel:+19084446373)