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Small Estate Affidavits

Probate can be costly and time-consuming, but a Small Estate Affidavit (SEA) offers a simplified alternative for certain estates in Texas. If your loved one passed away without a will and left behind a modest estate, you may be able to avoid probate by filing a Small Estate Affidavit.

What Is a Small Estate Affidavit in Texas?

A Small Estate Affidavit (SEA) is a legal document that allows heirs to claim assets without formal probate proceedings. According to Texas Estates Code Chapter 205, an estate may qualify for a Small Estate Affidavit if it meets the following requirements:

  • The deceased did not leave a will.
  • At least 30 days have passed since the date of death.
  • The total estate value is less than $75,000 (excluding homestead and exempt property).
  • The estate's assets exceed its debts (excluding any mortgage on the homestead).
  • No application has been filed for a personal representative (executor or administrator).
  • All heirs must sign the affidavit and agree on asset distribution.
  • Ajudge must approve the affidavit.

Only heirs recognized under Texas intestacy laws—such as surviving spouses, children, or parents—can file a Small Estate Affidavit.

Who Can File a Small Estate Affidavit?

The following individuals are eligible to file a Small Estate Affidavit:

  • Surviving spouse
  • Children or legal guardians of minor children
  • Parents of the deceased
  • Other legal heirs under Texas intestacy laws

In addition, the affidavit must be signed by two disinterested witnesses (people who have no claim to the estate).

What Is Considered a Small Estate in Texas?

A small estate in Texas is one with a total asset value of $75,000 or less, excluding:

  • The homestead, if a surviving spouse or minor children live in it.
  • Exempt personal property, such as certain household goods and family heirlooms.
  • Life insurance proceeds, payable-on-death bank accounts, and retirement accounts with named beneficiaries.

If the estate meets these conditions, heirs may be able to bypass the probate process using a Small Estate Affidavit.

How to File a Small Estate Affidavit in Texas

Filing a Small Estate Affidavit requires several steps:

Step 1: Determine Eligibility

Before filing, confirm that:

  • The estate qualifies under Texas Estates Code Chapter 205.
  • All heirs agree on asset distribution.

Step 2: Gather Required Documents

You will need:

  • A certified copy of the death certificate.
  • A complete list of the deceased’s assets and debts.
  • Names, addresses, and relationships of all heirs.
  • Signatures of all heirs, agreeing to the affidavit.
  • Signatures of two disinterested witnesses.

Step 3: File the Affidavit with the Probate Court

Submit the completed Small Estate Affidavit to the probate court in the county where the deceased resided.

  • Thefiling fee varies by county (typically $250–$400).
  • The probate judge reviews and approves the affidavit.

Step 4: Distribute Assets to Heirs

Once approved, the Small Estate Affidavit grants heirs the legal right to collect and distribute the deceased’s assets. This document can be presented to:

  • Banksto access accounts.
  • Title agencies to transfer vehicles.
  • Creditors to settle outstanding debts.

What Are the Benefits of a Small Estate Affidavit?

  • Avoids probate court Saves time and legal expenses.
  • Fast processing Estates can be settled in weeks instead of months.
  • Reduces legal fees No need for a full probate proceeding.
  • Simplifies asset transfer Allows heirs to collect assets more efficiently.

Limitations of a Small Estate Affidavit

  • Not available if the estate is worth more than $75,000.
  • Cannot be used if a will exists.
  • May not be accepted by all financial institutions.
  • All heirs must agree disputes may require formal probate.

Need Help Filing a Small Estate Affidavit in Texas?

Navigating the probate process can be confusing. If you’re unsure whether a Small Estate Affidavit is the right solution for your situation, legal guidance can help ensure a smooth estate settlement.

Schedule a Free Consultation Today!

Contact us to determine if your loved one’s estate qualifies for a Small Estate Affidavit and avoid unnecessary probate delays.

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Disclaimer
This website is a general information resource curated from publicly available online sources. It is designed to help individuals understand the probate process in Texas and prepare for discussions with a licensed Texas attorney.
The content provided here does not constitute legal advice and should not be relied upon as a substitute for professional legal counsel. Probate laws are complex and vary based on individual circumstances. If you need legal advice or assistance with a probate matter, we strongly recommend consulting a qualified Texas probate attorney.

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