Small Estate Affidavit in Texas

Available only when the decedent died without a will. At least 30 days must have passed since death, no petition for a personal representative may be pending or granted, and estate assets (excluding homestead and exempt property) must not exceed $75,000 and must exceed known debts. The affidavit is sworn to by two disinterested witnesses and each distributee with legal capacity, lists all known assets and debts and the family history, is filed with the court clerk, and must be approved by the judge. It does not transfer real estate, except that a homestead that is the only real property may pass if the approved affidavit is recorded in the county deed records.

Options include: (1) probate of a will as a muniment of title, when the estate owes no unpaid debts other than debts secured by real estate liens, or administration is otherwise unnecessary; (2) independent administration, created by the will or by agreement of all distributees, which limits court supervision; (3) summary proceedings for small estates when, after the inventory is filed, the estate (excluding homestead, exempt property and family allowance) does not exceed the amount needed to pay Class 1-4 claims; and (4) the small estate affidavit for intestate estates of $75,000 or less.

Claims may generally be presented any time before the estate is closed if not barred by the general statutes of limitation. A personal representative may send an unsecured creditor a notice requiring the claim to be presented before the 121st day after the creditor receives the notice, or the claim is barred. Secured creditors must specify how their claim is to be treated within the later of six months after letters are granted or four months after receiving the required secured-creditor notice.