Small Estate Affidavit in Texas: A Faster Way to Transfer Property (When You Qualify)
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When someone dies without a will, families often assume they must open a full probate case. In Texas, a Small Estate Affidavit (SEA) can sometimes be a faster, lower-cost option—but only if the estate fits narrow requirements. (Source: TexasLawHelp)
When an SEA can work
A Small Estate Affidavit is generally available when:
The person died without a will.
The estate is small (Texas uses a $75,000 cap for certain probate assets).
The estate’s assets (under the SEA calculation) are more than its debts.
All heirs sign the affidavit.
Real estate is very limited—typically, it can only be used to transfer a homestead in specific situations.
The biggest “deal-breakers”
An SEA usually is not the right tool if:
There’s a valid will.
The decedent owned real property other than a homestead (like land or a rental).
Heirs can’t be located, don’t agree, or won’t sign.
Minor heirs or complicated family situations make heirship unclear.
Where you file
You typically file the SEA in the county where the decedent lived. Some counties require a short hearing; others may approve without one. Filing fees vary by county.
Bottom line
A Small Estate Affidavit can be a great shortcut but the requirements are strict, and a rejected filing can cost time and fees. If you’re unsure whether the estate qualifies, getting a quick legal review can save a lot of frustration.
Need help with a Texas probate? Contact WG Law to evaluate whether a Small Estate Affidavit fits or whether another probate path makes more sense.
