Avoid Probate for Estates Under $75,000
A small estate affidavit provides a streamlined alternative to formal probate when an estate meets specific requirements under Texas law. This procedure allows heirs to transfer assets without the time, expense, and court oversight of traditional probate.
When Small Estate Affidavits Are Available
To qualify for a small estate affidavit in Texas, the deceased must have died without a valid will, at least 30 days must have passed since death, the total value of estate assets excluding homestead and exempt property must not exceed $75,000, and there can be no pending petition for estate administration.
Not all assets count toward the $75,000 limit but we can help you make this determination.
Important Limitations
Small estate affidavits generally cannot transfer real property except for a qualifying homestead passing to the surviving spouse or minor children. If the estate includes other real estate, this procedure won't work.
The affidavit also requires signatures from all adult heirs and two disinterested witnesses. Each person who signs accepts personal responsibility for proper distribution of assets and payment of valid claims.
Why Accuracy Matters
Even though this is a simplified process, errors can be costly. Mistakes in asset valuation, incomplete disclosure of debts, incorrect identification of heirs, or improper categorization of exempt property can result in the court denying the affidavit, loss of filing fees, and the need to pursue more expensive probate alternatives.
Financial institutions also scrutinize these documents carefully. An improperly prepared affidavit may be rejected, causing delays and frustration for families trying to access assets.
How We Help
We handle everything from start to finish. Our goal is to get assets transferred to the rightful heirs as quickly and efficiently as possible while protecting everyone involved from potential liability.
When This Option Doesn't Work
Small estate affidavits aren't appropriate in every situation. If the deceased left a valid will, if estate assets exceed the statutory limit, if the estate is insolvent, if there's real property other than a qualifying homestead, or if any heir disputes the proposed distribution, you'll need formal probate administration or an alternative procedure.
We provide honest assessment of whether this procedure makes sense for your situation or whether another approach would better serve your family's needs.
Let's Get Started
If someone in your family has passed away and you think the estate might qualify for a small estate affidavit, contact us or schedule a consultation online. We'll evaluate your situation, explain your options, and help you resolve the estate in the most efficient way possible.
Don't navigate this process alone. Let our experience work for you.