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Tex. Est. Code § 205.001 · checked 2026-10-20
Texas small estate affidavit limit
In Texas the small estate affidavit approved by the court is available when the value of the estate assets on the date of the affidavit, excluding homestead and exempt property is $75,000 or less, and it can be used 30 days after the death. It works through an affidavit or sworn statement filed with the court or its clerk.
- 1Dollar limit $75,000
- 2Waiting period 30 days
- 3Filed with Court
- 4Statute Tex. Est. Code § 205.001
What Tex. Est. Code § 205.001 says
The operative words of the statute, as read on 2026-10-20:
“does not exceed $75,000”
That test is applied to the value of the estate assets on the date of the affidavit, excluding homestead and exempt property. The affidavit is filed with the clerk of the court with jurisdiction and must be approved by the judge (§ 205.003). The homestead and exempt property are left out of the $75,000 test.
Source: Tex. Est. Code § 205.001 (text read from the Public.Law copy: copy; check the legislature's own text before relying on it). Last checked 2026-10-20.
Worked examples against the $75,000 limit
| Estate value | Result under Tex. Est. Code § 205.001 |
|---|---|
| $45,000 | Within the limit |
| $75,000 | Within the limit |
| $76,000 | Over the limit by $1,000: the small-estate route is closed |
Values are the estate as the statute measures it — value of the estate assets on the date of the affidavit, excluding homestead and exempt property — not everything the person owned. Texas's figure is $12,500 above the $62,500 median of the 48 jurisdictions with a dollar limit on this site, ranking 19th from the top, level with Kansas, Minnesota, Mississippi, Oregon.
When the route opens
The statute requires 30 days to pass after the death. For a death on January 15, 2026, the earliest date is February 14, 2026. 7 of the 31 jurisdictions with a written wait make people wait longer and 3 wait less; the median is 30 days.
If the estate goes through full probate instead, creditors have no fixed period counted from no fixed bar for unsecured claims: a claim may be presented any time before the estate is closed (Tex. Est. Code § 355.001). The Texas probate timeline works those dates through.
Filing and fees
The sworn statement goes to the court or its clerk, which keeps it on file and a judge must approve it. The court fee schedule for Texas could not be read when this page was checked, so no fee is shown.
The free route is the probate court itself: the clerk or register in the county where the person lived can say which form the court uses for the small estate affidavit approved by the court and what it charges. This site does not supply forms or refer anyone to a lawyer.
Nearby West South Central jurisdictions
Arkansas: $100,000 after 45 days; Louisiana: $200,000; Oklahoma: $50,000 after 10 days.
Related: small estate limits compared · assets that skip probate · all 51 jurisdictions.
General information from the statute as written on 2026-10-20; not legal advice. Statutes change, courts add local rules, and the facts of an estate decide which route applies. Confirm with the Texas probate court or its self-help center before filing.