Blog · Updated October 2026

Small Estate Affidavit in Texas: How It Works

I can discuss buying your inherited Houston house while the estate paperwork is still being worked out. If you’re considering a small estate affidavit, here’s what it can do and where a house changes the answer.

A small estate affidavit is a written account of an estate and its heirs that a judge must approve. It’s available only for certain estates when someone dies without a will. This is general information, not legal advice.

Who can use a small estate affidavit

The person must have died without a will, sometimes called dying intestate. At least 30 days must have passed since the death. There must be no petition for a personal representative pending or granted.

The estate’s assets, not counting the homestead and exempt property, must be worth no more than $75,000. That limit applies to the estate’s counted assets, not just the share you expect to inherit.

Ask a Texas attorney whether the estate qualifies before collecting signatures. If a probate case has already started, mention it. A modest house or a short form doesn’t tell you whether this process fits.

Who signs and what the affidavit lists

Each adult heir signs, along with two witnesses who have no interest in the estate. The affidavit must list all known assets and debts, each heir’s name and address, and the family facts that show who inherits.

Include heirs who live elsewhere or haven’t helped with the house. The people ready to sell may not be everyone who inherits. An attorney can check the heirs list and help resolve questions about family relationships before anyone signs.

Filing and the judge’s approval

The affidavit is filed with the probate clerk and must be approved by the judge. Having everyone’s signature isn’t the end of the process.

If you’re talking with me about selling, tell me whether the affidavit has been filed or approved. You can ask about the house while this is underway. I need to know where things stand before discussing the sale’s timing.

The homestead must be the only real estate

A small estate affidavit can transfer ownership of real estate only when the homestead is the estate’s only real property. The approved affidavit must then be recorded in the county deed records. Otherwise, Texas law doesn’t allow this process to transfer ownership of real property.

The $75,000 limit and the homestead rule are separate requirements. Excluding the homestead from the asset count doesn’t mean other real estate can pass through the affidavit.

Include every property interest when checking whether this route fits, even if the family only wants to sell the house. Another parcel still matters when nobody plans to sell it. For the homestead transfer, judge approval and recording in the deed records are both needed.

What a buyer relies on, and an omitted heir’s risk

A buyer who pays for the property can rely on the recorded affidavit. If an heir is left out, that heir can recover from the heirs who were paid. That can leave the people who received the money facing a claim.

An heir’s place in the family still matters if they’re hard to reach or everyone else agrees to sell. Resolve gaps in the family information before relying on the affidavit. Agreement on a purchase price doesn’t resolve a missing heir.

When this route does not fit

If there’s a will, the counted assets exceed $75,000, or another requirement isn’t met, this route doesn’t fit. If the estate includes other real estate, the affidavit cannot transfer ownership of that property. The next step is to look at another approach.

For a comparison, read the affidavit of heirship section in the guide about a parent dying without a will. It describes a different document. My guide to selling an inherited Houston house covers the practical questions before a sale.

If you are considering selling the house

You can send me the address while the paperwork is being worked out. Tell me what stage you’ve reached and what you know about the house’s condition. A short description is enough to begin; keep private estate documents and account numbers out of the form.

Asking for an offer is free and doesn’t commit you to selling. I can discuss the house while your family decides what to do next.

Sources

Texas Estates Code sections 205.001, 205.002, 205.003, 205.006(a), (b), (c), and 205.008(b).