Your Small Estate Affidavit Roadmap

What's Inside

Preparation guide for the Texas Small Estate Affidavit. Built for the path identified by the WG Law Probate Guide.

1. Step 1. Confirm the decedent did not leave a valid will

2. Step 2. Total the estate's value excluding the homestead and exempt property — it must be $75,000 or less

3. Step 3. Wait the mandatory 30 days after the date of death before filing

4. Step 4. Identify every heir under Texas intestacy — surviving spouse, children, parents, siblings, etc.

5. Step 5. Confirm no other probate application is currently pending in the same court

6. Step 6. Obtain certified copies of the death certificate from Texas Vital Statistics

7. Step 7. Prepare a sworn affidavit listing every asset, every debt, and every heir with their respective share

8. Step 8. Coordinate notarized signatures from all distributees and the two disinterested witnesses required in many counties

9. Step 9. File the affidavit and supporting documents with the probate court clerk (not a judge)

10. Step 10. Present certified copies of the approved affidavit to banks, brokerages, and the DMV to claim each asset

11. Step 11. Note that real property other than the homestead generally cannot transfer via Small Estate Affidavit — speak with an attorney if non-homestead real estate is involved

12. Step 12. Schedule a flat-fee consultation with WG Law to confirm eligibility before drafting — disqualifying facts found late will force you to refile under a different path