Find out whether a Texas small-estate affidavit may provide a court-approved route to collect limited estate property when someone died without a will.
Only certain intestate estates qualify
Texas Estates Code Chapter 205 applies to qualifying estates of people who died without a will. The law includes a $75,000 ceiling on counted estate assets, excluding homestead and exempt property, along with requirements concerning debts and existing administration.
The affidavit is not merely a private form
The heirs or other required signers must supply prescribed information, including family history, assets, and liabilities. A court reviews the affidavit, and judge approval is needed for the statutory process.
Real-property limitations matter
Use with real property is constrained. The decedent’s homestead may qualify in certain circumstances, but a small-estate affidavit is not a universal method of transferring any house or other land.
Consider the alternative procedures
A determination of heirship, estate administration, or other title process may be better suited when the facts fall outside Chapter 205. Banks and title companies may request particular documentation.