A Faster, Simpler Way to Settle a Small Estate
Not every estate needs to go through the full probate process. If your loved one passed away and the total value of their estate is under $75,000 (not counting their homestead and any exempt property), Texas law offers a much simpler alternative: the Small Estate Affidavit.
Instead of filing a full probate case, the heirs sign a sworn affidavit that lists the assets, the debts, and who is entitled to inherit. This affidavit is filed with the probate court, and once approved, it can be used to transfer bank accounts, vehicles, and even real property — all without appointing an executor or administrator.
This is often the right choice for families where a parent or spouse passed away leaving a modest estate — perhaps a small bank account, a vehicle, and personal belongings. It is the most affordable option available, and it can be completed in a matter of weeks rather than months.
Who Can Use a Small Estate Affidavit?
- Estate under $75,000 — The total value of all assets (excluding the homestead and exempt property) is less than $75,000.
- 30+ days since passing — At least 30 days have passed since your loved one's death and no one else has filed for probate.
- No will, or will not filed — This option works when there is no will. If there is a will, it must typically be filed through a different process.
- Assets exceed debts — The value of the estate's assets must be enough to cover all known debts and obligations.
Important note: The $75,000 limit excludes the homestead and certain exempt property. This means that even if your loved one owned a home, you may still qualify — as long as the other assets total less than $75,000.
How the Process Works
- Free Consultation — We review the estate details and confirm you qualify for a Small Estate Affidavit. If you do not qualify, we recommend the best alternative.
- We Prepare the Affidavit — We draft the affidavit listing all assets, debts, and heirs. All heirs and two disinterested witnesses sign the document.
- Court Approval — The affidavit is filed with the probate court. Once approved, you receive certified copies to transfer assets — bank accounts, vehicles, property.
Transparent Pricing
Our flat fee starts at $1,500 — the most affordable way to settle a loved one's estate in Texas. The fee includes the consultation, affidavit preparation, and court filing.