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The Small Estate Affidavit in Texas (2025): A Simple Probate Shortcut for Families

When someone passes away without a will and with only a few assets, going through full-blown probate can feel like using a sledgehammer to crack a nut. That’s where the Small Estate Affidavit (SEA) comes in—a simplified legal process that can save Texas families time, money, and stress.

If you’re wondering whether a Small Estate Affidavit could work for your loved one’s estate, this guide breaks it all down in plain English: who qualifies, what’s required, and how it fits into the bigger probate picture.

What Is a Small Estate Affidavit?

In Texas, a Small Estate Affidavit is a legal document used to settle the estate of someone who died without a will (intestate), owned less than $75,000 in property, and had no major debts.

Instead of going through full probate court proceedings, heirs can fill out the affidavit, have it approved by a court, and then use it to transfer assets like bank accounts, vehicles, or personal property.

Who Can Use a Small Estate Affidavit in Texas?

To qualify for a SEA in Texas, all of the following must be true:

• The deceased did not leave a valid will

• The total value of the estate (excluding homestead and exempt property) is $75,000 or less

• There is no pending or granted probate proceeding

• The estate does not include real property (unless it’s a homestead)

• All known heirs can be identified and agree on how to distribute the assets

• The decedent’s debts are paid (or there are no significant debts)

If these conditions are met, the Small Estate Affidavit is a powerful tool for keeping things simple.

What Assets Count Toward the $75,000 Limit?

Only non-exempt assets are counted toward the $75,000 cap. These typically include:

• Checking and savings accounts

• Vehicles (that aren’t exempt)

• Stocks or bonds

• Personal property of value (furniture, electronics, jewelry)

What doesn’t count? Exempt property, like:

• The homestead (if someone like a spouse or minor child is living in it)

• Certain personal property (up to $100,000 for families)

• Life insurance with named beneficiaries

• Retirement accounts with beneficiaries

Real-Life Example: When a Small Estate Affidavit Saves the Day

Imagine your father passes away without a will. He owned a small truck, had $12,000 in a bank account, and no mortgage or credit card debt. The only asset of real value was the family home, which your mother still lives in.

In this case, the estate may qualify for a Small Estate Affidavit:

• No will: ✔️

• Total assets under $75,000: ✔️

• No real estate to transfer (homestead doesn’t count): ✔️

• All heirs agree: ✔️

Using an SEA avoids court hearings and can get assets transferred in a matter of weeks—not months.

What Does a Small Estate Affidavit Include?

A SEA must include:

• A list of all estate assets and their estimated value

• A statement that the estate qualifies under Texas law

• A list of all known debts and confirmation they are paid

• The names, addresses, and relationship of all heirs

• Signatures from two disinterested witnesses

• A notarized signature from each heir

Once complete, the affidavit is filed with the probate court in the county where the deceased lived.

Do You Still Need a Judge’s Approval?

Yes—but it’s limited. The court will review the affidavit and, if everything checks out, issue an order approving it. You can then use the SEA to present to banks, title offices, and others to collect or transfer the deceased’s assets.

What If the Estate Doesn’t Qualify?

If the estate is over $75,000, involves disputes between heirs, or includes real estate that’s not a homestead, a Small Estate Affidavit won’t work. In that case, options like independent administration or a muniment of title may be better.

How The Lange Firm Helps

At The Lange Firm, we’ve helped many Texas families cut through the red tape and use Small Estate Affidavits effectively. Here’s what we do:

• Review your situation and confirm SEA eligibility

• Help you collect the required documentation

• Draft and file the affidavit with the court

• Make sure all legal requirements are met

• Assist with follow-up questions from the court or banks

Final Takeaway

The Small Estate Affidavit in Texas can be a smart, efficient way to settle a loved one’s estate—if the estate qualifies. But like any legal process, it still requires careful paperwork and compliance with Texas probate law.

If you’re not sure whether this option applies to your family, let’s talk. We’ll help you figure out the best way forward.

Contact The Lange Firm today to schedule a consultation and get honest, practical advice about your next steps.