When can I use a small estate affidavit to 

probate an estate in Texas?

Small Estate Affidavits (SEAs) can be an affordable way to transfer property to a decedent’s heirs. You may be able to use an SEA to probate an estate in Texas if you meet all of the requirements of Texas Estates Code Chapter 205. The important requirements include:

  • The decedent died without a will.

  • The decedent left less than $75,000 in property (not including homestead property and exempt property).

  • The assets are worth more than the debts.

    • (Note: When calculating the value of the debts and the assets, do not consider any mortgages or debts secured by exempt property as debts, and do not consider homestead and exempt property as assets.)

  • The only real property owned by the decedent was decedent’s homestead property, and the real property will be inherited only by person(s) homesteading with the decedent at the time decedent died—decedent’s surviving spouse and minor child(ren) who resided on property with decedent.

  • You are able to locate all of the heirs and all of the heirs will sign the Small Estate Affidavit (or someone with legal authority will sign on their behalf).

  • There is no pending application for appointment of a personal representative and no personal representative has been appointed by a court.

  • There is no administration needed.

© 2018 Mick McCanlies Probate Specialist – All rights reserved. Each office is independently owned and operated. I am not an attorney and cannot provide legal or tax advice. Please consult with an attorney or CPA for such matters. If you need help finding providers for these or any other related services, I can help with recommendations and references.