The Texas small estate affidavit: what it covers and what it does not.

What it is

Texas Estates Code section 205.001 lets the distributees of a person who died without a will take the estate without waiting for a personal representative to be appointed, if all the conditions in the statute are met.

The conditions

• At least 30 days have passed since the date of death.
• No petition to appoint a personal representative is pending or has been granted.
• The value of the estate assets, not counting homestead and exempt property, does not exceed $75,000 on the date of the affidavit.
• An affidavit meeting section 205.002 is filed with the clerk of the court with jurisdiction and venue.
• The judge approves the affidavit.
• The distributees give copies of the affidavit as section 205.004 requires.

The statute also says the distributees may take only to the extent the estate's assets, not counting homestead and exempt property, exceed its known liabilities, not counting liabilities secured by homestead and exempt property.

Who signs and what it says

Under section 205.002 the affidavit is sworn to by two disinterested witnesses and by each distributee who has legal capacity. A guardian or next of kin signs for a minor or incapacitated distributee when the facts call for it. It must show that the section 205.001 conditions exist, list all known estate assets and liabilities with exempt assets marked, give each distributee's name and address, and state the family history facts that show each distributee's right to receive.

Is the house covered?

The dollar limit does not count homestead or exempt property, which matters for a family home. Whether a particular house is a homestead, and whether this process is enough for a title company to insure a sale, depends on the facts and on the title company. Ask a probate attorney and your title company before you rely on it.

If you decide to sell

We buy houses as-is and can work around your attorney's timeline. Read more on our inherited house page.