Settle a small estate in Texas without probate

In Texas this is called: Small estate affidavit; probate of will as muniment of title. If the person died without a will and the estate, not counting the homestead and exempt property, is worth $75,000 or less, the heirs can file a small estate affidavit with the county court; once the judge approves it, they use certified copies to collect the property.

Up to $75,000, 30 days after the death, filed with a court.

Is the estate small enough?How do I do it?Car, bank, house Free help

Checked against official sources: October 30, 2026.

Not about a small estate? Unclaimed money → Owed Map · Debt collectors → Debt Collector Map · Other problems → robinclaim.com

Free tools

Small estate checker

Add up the estate and compare it with the Texas limit for the date of death.

Letter to a bank

Present your signed affidavit to a bank or other holder in Texas.

Balance request letter

Ask a bank or holder for the balance on the date of death.

What-to-gather checklist

Papers, steps, forms and fees for Texas, by procedure.

Car, bank, house in Texas

Car or other vehicle

Bank accounts

Money in a payable-on-death account, or in a joint account with a written right-of-survivorship agreement signed by the person, belongs to the beneficiary or surviving owner.

House or land

An owner can sign a transfer on death deed so Texas real estate passes to named beneficiaries at death without probate. It must have the elements of a recordable deed, and it must be recorded in the deed records of the county where the property is before the owner dies.

Small Estate Affidavit (Texas Estates Code chapter 205)

A sworn statement by all the heirs and two disinterested witnesses, filed with the county court that handles probate. After the judge approves it, the heirs give certified copies to banks and others who hold the person's property. It can be used only if the person died without a will.

Limit

Up to $75,000

The estate's assets, not counting the homestead and exempt property, cannot be worth more than $75,000 on the date of the affidavit. Those assets must also be worth more than the person's known debts, not counting debts secured by the homestead or exempt property.

What counts

The value of the estate's assets on the date of the affidavit, not counting the homestead and exempt personal property that could be set aside for the surviving spouse and children. The assets (without homestead and exempt property) must also be worth more than the known debts (not counting debts secured by the homestead or exempt property).

Waiting period

At least 30 days must have passed since the death. No petition to appoint an executor or administrator can be pending or granted.

Who can use it

Every heir (distributee) who has legal capacity must swear to the affidavit, plus two disinterested witnesses. For a minor heir, the natural guardian or next of kin may sign if the facts warrant; for another incapacitated heir, the guardian. It is only for a person who died without a will.

Court or where to file

The clerk of the court that has jurisdiction and venue of the estate, usually in the county where the person lived (county court, county court at law or statutory probate court). Some courts hold a hearing; ask the clerk.

Notary

The affidavit must be sworn to (signed under oath before a notary or other officer) by each heir and both witnesses.

Papers to attach

Copy of the death certificate
List of all known assets and debts, marking which assets are claimed as exempt
Name and address of each heir
Family history facts showing who the heirs are
Legal description of the homestead, if it is transferred by the affidavit
If the person received Medicaid benefits on or after March 1, 2005: the Medicaid Estate Recovery Program claim listed as a debt, or proof there is no claim

Steps

Wait until at least 30 days after the death.
List every asset and debt and mark which assets are exempt.
Fill in the affidavit (the TexasLawHelp.org form or your county's form).
All heirs with legal capacity and two disinterested witnesses swear to it before a notary.
File it with the county clerk of the court that handles probate and pay the filing fee.
After the judge approves it, get certified copies from the clerk and give one to each bank, company or person that holds the property or owes money to the estate.
If the homestead is transferred, record the approved affidavit in the deed records of the county where the home is.

Fee

A filing fee applies in every county; the amount is set by each county, so ask the clerk. Recording in the deed records has its own county fee.

If you can't pay

If you cannot afford court costs, you can file a Statement of Inability to Afford Payment of Court Costs.

Debts and responsibility

The heirs who receive property must answer to anyone with a prior right to it and account to any executor or administrator appointed later. Everyone who signed the affidavit, including the witnesses, is liable for any damage or loss caused by a payment or transfer made in reliance on it.

What the bank or holder must do

A person who pays, delivers or transfers property under an approved affidavit is released from liability as if they had paid an executor or administrator, and does not have to check the truth of the statements. If the holder refuses, the heirs can sue to recover the property on proof of the facts stated in the affidavit.

Forms

Law: Tex. Estates Code secs. 205.001-205.009, 353.051; Prop. Code 42.001-42.002

Source: Official page

Probate of Will as Muniment of Title (Estates Code chapter 257)

A short court case in which the judge admits the will to probate without appointing an executor. The court order lets banks and others transfer property to the people named in the will.

Waiting period: The law sets no minimum wait. The application must be made within four years after the death, and the court hears it only after the required notice (citation) has been served and returned.
Who can use it: An applicant, usually a person named in the will. The court must be satisfied that the estate owes no unpaid debt other than debts secured by liens on real estate, or that there is another reason administration is not needed.
Court or where to file: The court with probate jurisdiction in the county where the person lived.
Papers to attach: The original will, if you have it
Death certificate
Proof at the hearing that the will is valid and that no unpaid debts exist other than real-estate liens
Steps: File an application to probate the will as a muniment of title with the original will.
The clerk issues notice (citation) of the application.
Go to the hearing and prove the facts the law requires.
If the judge signs the order, give certified copies to banks, title companies and others.
Within 180 days after the order, file a sworn affidavit with the clerk saying which terms of the will have been fulfilled, unless the court waives or extends it.
Fee: Set by each county; ask the clerk.
If you can't pay: Statement of Inability to Afford Payment of Court Costs.
What the bank or holder must do: The order is enough legal authority for anyone who owes money to the estate or holds its property to pay or transfer it to the person named in the will, without liability.

Law: Tex. Estates Code secs. 257.001-257.152

Source: Official page

Collection of a deceased spouse's final paycheck by affidavit

If no executor or administrator has been appointed, a surviving spouse can collect the person's final paycheck, including unpaid sick pay and vacation pay, by giving the employer an affidavit.

Waiting period: The law sets no waiting period.
Who can use it: The surviving spouse, stating that no one has qualified as executor or administrator.
Court or where to file: Given to the employer.
Notary: It is an affidavit, so it is sworn before a notary.
Steps: Prepare an affidavit stating you are the surviving spouse and no executor or administrator has qualified.
Sign it before a notary.
Give it to the employer.
Fee: Not filed with a court.
Debts and responsibility: The spouse must answer to anyone with a prior right, must account to a personal representative appointed later, and is liable for any loss caused by the payment.
What the bank or holder must do: An employer that pays the final paycheck to the spouse on this affidavit is released from liability as if it had paid a personal representative, and does not have to check the truth of the affidavit.

Law: Tex. Estates Code sec. 453.004

Source: Official page

What counts toward the limit in Texas

Add up the value, on the date of the affidavit, of the property that would go through probate. Leave out the homestead and exempt personal property that could be set aside for the surviving spouse and children, and leave out property that passes outside probate. The total must be $75,000 or less and must be more than the known debts (not counting debts secured by the homestead or exempt property).

Law: Tex. Estates Code secs. 205.001, 205.009, 353.051; Prop. Code 42.001-42.002

Kind of property	How it is treated	Details
Bank accounts in the person's name alone	Counts	Bank accounts in the person's name alone, with no payable-on-death beneficiary, count. Law: Estates Code 205.001
Joint or payable-on-death (POD) bank accounts	Left out	Payable-on-death accounts, and joint accounts with a signed right-of-survivorship agreement, belong to the survivor or beneficiary and are left out. In Texas a joint account passes to the other owner only if there is a written survivorship agreement signed by the person who died. Law: Estates Code 113.151, 113.152
Cars and other vehicles	Left out up to $100,000	If the person left a surviving spouse, a minor child, an unmarried adult child living with the family, or an incapacitated adult child, one car or other motor vehicle for each family member who holds a driver's license (or who relies on someone else to drive for them) is exempt property and is left out. The exempt personal property together cannot be worth more than $100,000 for a family ($50,000 for a single adult). If none of those family members survive, the vehicle counts. A vehicle can also be transferred with the DMV heirship affidavit. Law: Estates Code 205.009, 353.051; Prop. Code 42.001(a), 42.002(a)(9)
Boats and mobile or manufactured homes	Not clear	Boats and motor vehicles used in a trade or profession are exempt property. A manufactured home that is the homestead is treated as the homestead. The law does not name other boats or mobile homes. Law: Prop. Code 42.002(a)(4)
Real estate in Texas	Counts	Texas real estate other than the homestead counts toward the value, but the small estate affidavit cannot transfer title to it. Only the homestead can pass by the affidavit, and only if it is the only real property. Law: Estates Code 205.006, 205.008(b)
Main home (primary residence)	Left out	The homestead is left out of the $75,000 only when it could be set aside for a surviving spouse or minor children. If there is no surviving spouse or minor child, the home counts. If it is the only real property, the approved affidavit can transfer its title once recorded in the county deed records. Law: Estates Code 205.001(3), 205.006, 205.009, 353.051
Real estate in another state	Not clear	The law does not say how real estate in another state is treated. Law: Estates Code 205.001
Unpaid wages owed to the person	Has its own procedure	A surviving spouse can collect the final paycheck, including sick and vacation pay, by affidavit to the employer, if no executor or administrator has been appointed. Law: Estates Code 453.004
Military pay owed to the person	Not clear	The law does not separately address military pay owed to the person. Law: Estates Code 205.001
Life insurance or retirement money paid to a named person	Left out	Life insurance and retirement benefits paid directly to a named beneficiary pass outside probate and are left out.
Life insurance or retirement money paid to the estate	Not clear	The law does not clearly say whether insurance or retirement money payable to the estate counts toward the $75,000. Law: Estates Code 205.009; Prop. Code 42.0021
Property in a living trust	Left out	Property in a trust passes outside probate and is left out.
Property owned jointly with right of survivorship	Left out	Property held with a right of survivorship passes to the surviving owner and is left out.
Property going to a surviving spouse	Not clear	The surviving spouse already owns half of the community property. The person's half of community property and their separate property are part of the estate and pass under the inheritance rules; the law does not say whether property passing to the spouse is left out of the $75,000. Law: Estates Code 201.002, 201.003, 453.002
Stocks, bonds and brokerage accounts	Counts	Stocks, bonds and brokerage accounts in the person's name alone, with no transfer-on-death beneficiary, count. Law: Estates Code 205.001
Furniture, jewelry and other belongings	Left out up to $100,000	If the person left a surviving spouse, a minor child, an unmarried adult child living with the family, or an incapacitated adult child, home furnishings, family heirlooms, clothing, some jewelry, two firearms, sports equipment, pets and similar items are exempt property and are left out. The exempt personal property together cannot be worth more than $100,000 for a family ($50,000 for a single adult), and jewelry no more than 25% of that. If none of those family members survive, these items count. Law: Estates Code 205.009, 353.051; Prop. Code 42.001(a), 42.002(a)

Source: Official page

Car or vehicle title after a death in Texas

If no administration is needed, the heirs can transfer a Texas vehicle with the Affidavit of Heirship for a Motor Vehicle (VTR-262), signed by the heirs before a notary, plus the Application for Texas Title and/or Registration, filed at the county tax assessor-collector's office. If there is a surviving spouse, only the spouse signs, unless the person had children with someone else; then those children also sign. With no spouse, all the person's children sign. If an executor or administrator was appointed, they sign the title instead and attach letters or the probate order.

Law: Tex. Transp. Code secs. 501.031, 501.0315, 501.074, 501.138; Estates Code ch. 115

Source: Form 130-U

Agency: Texas Department of Motor Vehicles (TxDMV), through the county tax assessor-collector
Form: VTR-262 Affidavit of Heirship for a Motor Vehicle
Fee: The county tax office charges the title application fee ($33 in some counties with air-quality programs, $28 in other counties) and any registration fees.
Transfer-on-death title: An owner can name one beneficiary on the title (Beneficiary Designation for a Motor Vehicle, VTR-121). After the death, the beneficiary applies for a new title within 180 days with proof of death. Two or more joint owners can also sign a rights of survivorship agreement (VTR-122); the survivor then transfers the vehicle with a copy of the death certificate.

Source: Official page

Bank accounts after a death in Texas

Money in a payable-on-death account, or in a joint account with a written right-of-survivorship agreement signed by the person, belongs to the beneficiary or surviving owner. A joint account without that agreement does not automatically pass to the other owner. For an account in the person's name alone, the heirs can use a court-approved small estate affidavit (if there was no will) or a muniment of title order (if there was a will), or open an administration.

Law: Tex. Estates Code secs. 113.151, 113.152, 205.004, 205.007, 257.102

Source: Official page

Transfer-on-death (TOD) and payable-on-death (POD) in Texas

Real estate (TOD deed)

Yes · Transfer on death deed

Law: Tex. Estates Code secs. 114.051-114.057, 114.104

Vehicle title (TOD)

Yes

Law: Tex. Transp. Code sec. 501.0315; Estates Code ch. 115

Bank account (POD)

Yes

Law: Tex. Estates Code sec. 113.152

Source: Official page

Surviving spouse in Texas

Texas is a community property state: the surviving spouse already owns half of the community property. If the person died without a will and all of their children are also the surviving spouse's children (or there are no children), the person's half of the community property passes to the spouse and no administration of it is needed; the spouse can collect community claims and manage community property. The spouse can collect the final paycheck by affidavit. In an administration, the homestead and exempt property are set aside for the spouse and minor children, with a family allowance for one year's support.

Debts of the person in Texas

Heirs who receive property with a small estate affidavit must answer to anyone with a prior right and account to a later executor or administrator, and the signers are liable for losses caused by relying on the affidavit. A homestead passed by a recorded affidavit stays subject to creditors' claims allowed by law. A beneficiary under a transfer on death deed takes the property subject to liens and mortgages.

Medicaid estate recovery in Texas

MERP applies to long-term care services received at age 55 or older, if the services began after March 1, 2005. In Texas the 'estate' is only property that goes through probate; payable-on-death accounts and life insurance paid to a named person are not collected. The contractor sends a Notice of Intent to File a Claim within 60 days after learning of the death. The state does not file a claim when there is a surviving spouse, a child under 21, a blind or disabled child, an unmarried adult child who lived in the home for at least a year before the death, an estate worth $15,000 or less, Medicaid costs of $5,000 or less, or when selling the property would cost more than it is worth. Heirs can ask for an undue hardship waiver. Heirs do not pay a claim from their own money.

Law: 1 Tex. Admin. Code ch. 373; Tex. Estates Code 355.102 (as cited by HHSC)

Source: Form 5006

Agency: Texas Health and Human Services (HHSC), Medicaid Estate Recovery Program (MERP); administered by Stellarware Corporation since September 1, 2026
Phone: 800-641-9356
Official page: Official page

Who inherits with no will in Texas

With no will and no spouse, everything goes to the children (or their descendants); if none, to the parents, brothers and sisters; then more distant relatives. With a spouse: the person's half of community property goes to the spouse, unless the person had children from outside the marriage, who then get it. Of separate property, if there are children the spouse gets one-third of personal property and a life estate in one-third of the land, and the children get the rest; with no children the spouse gets all personal property and half the land, and the other half of the land goes to parents, siblings or their descendants.

Law: Tex. Estates Code secs. 201.001-201.003

Source: Official page

Death certificates in Texas

Immediate family (child, parent, brother or sister, grandparent, spouse), a guardian or a legal representative can order a certified copy online, by mail or in person. Others must show a direct, tangible interest. From DSHS, the first copy is $20 and each additional copy ordered at the same time is $3.

Law: 25 Tex. Admin. Code 181.1

Where to get it: Texas Department of State Health Services (DSHS), Vital Statistics Section, or the local registrar or county clerk
Official page: Official page

Where to file in Texas

The small estate affidavit and a muniment of title application are filed with the county clerk for the court that handles probate in the county where the person lived (county court, county court at law or statutory probate court). An approved small estate affidavit that transfers a homestead is then recorded in the deed records of the county where the home is. The spouse's paycheck affidavit is given to the employer, and the vehicle heirship affidavit goes to the county tax assessor-collector.

Good to know in Texas

The Texas small estate affidavit can be used only when the person died without a will, and it must be approved by a judge before it can be used.
Besides the heirs, two disinterested witnesses must swear to the small estate affidavit, and each signer is liable for losses caused by relying on it.
An affidavit of heirship recorded in the county deed records for five years or more is prima facie evidence of who the heirs are, but by itself it does not transfer title.

Changes in 2024–2026

No changes to the small estate affidavit in 2024-2026; the official statute text shows its last amendment in 2017. Texas Medicaid estate recovery moved to a new contractor, Stellarware Corporation, on September 1, 2026.

Law: Estates Code chapter 205

National rules that apply in every state

Federal estate tax

For a person who died in 2026, a federal estate tax return (Form 706) is required only if the gross estate, plus certain lifetime taxable gifts, is more than $15,000,000.
Most estates owe no federal estate tax and do not need to file a federal estate tax return.

Law: 26 U.S.C. 2010(c)(3) (as amended by Pub. L. 119-21)

The final income tax return

Report all income up to the date of death and claim all eligible credits and deductions.
Someone must file the final federal income tax return of a person who died, the same way it would have been filed if they were alive.
To claim a refund due to the person who died, attach Form 1310 (Statement of Person Claiming Refund Due a Deceased Taxpayer).

Law: Form 1310 instructions (Rev. December 2025)

Social Security retirement benefits are paid through the month before the month the person died.
If the person had enough Social Security work credits (was fully or currently insured), a one-time death payment of $255 (or three times the person's basic benefit, if that is smaller) can be paid to a surviving spouse who lived with the person.

Law: 42 U.S.C. 402(a), 402(i)

Savings bonds

If the person's savings bonds and other Treasury securities held directly with the Treasury are worth more than $100,000 at the date of death, the Treasury requires a court-administered estate.

Law: 31 CFR 353.71; FS Form 5336 (Rev. April 2026)

Debts are generally paid from the money and property the person left (the estate).
If the estate cannot pay a debt and no one else shared responsibility for it, the debt may go unpaid.
You may have to pay if you co-signed the loan, were a joint account holder on a credit card (not just an authorized user), or state law makes a spouse responsible for certain debts, such as in community property states or states with laws on necessary costs like health care.

Law: 12 CFR 1006.6(a)(4)

For a home with fewer than five units, a lender may not call the whole loan due just because the home passes to a relative after the borrower's death, to a spouse or children who become owners, or to a surviving joint owner.
Https://www.consumerfinance.gov/ask-cfpb/how-do-i-get-mortgage-information-about-a-home-i-inherited-en-217/
Https://www.consumerfinance.gov/ask-cfpb/i-recently-inherited-a-house-the-mortgage-lender-said-its-required-to-determine-my-ability-to-repay-before-it-will-let-me-take-over-the-mortgage-loan-is-this-true-en-1939/

Law: 12 U.S.C. 1701j-3(d)(3), (5), (6); 12 CFR 1024.30(d), 1024.31

FDIC insurance on bank accounts

After a deposit owner dies, FDIC insurance on the account stays the same for six months, unless the account is restructured.

Law: 12 CFR 330.3(j)

Medicaid estate recovery

States must try to recover some Medicaid costs from the estate of a person who got benefits at age 55 or older: nursing facility services, home and community-based services, and related hospital and prescription drug services.
The 'estate' includes at least the property in the person's probate estate under state law.
Https://www.govinfo.gov/link/uscode/42/1396p?type=usc&year=mostrecent&link-type=html

Law: 42 U.S.C. 1396p(b)

Certified copies of a death certificate come from the vital records office of the state where the death happened, not from the federal government.

Free help in Texas

A court self-help center or a legal aid office can check whether the estate qualifies, free of charge or at low cost.

More help on our sister sites

Questions about small estates in Texas

What is a small estate affidavit called in Texas?

What is the small estate limit in Texas?

Up to $75,000, 30 days after the death, filed with a court.

How long do I wait in Texas?

At least 30 days must have passed since the death. No petition to appoint an executor or administrator can be pending or granted.

Do I have to go to court in Texas?

The clerk of the court that has jurisdiction and venue of the estate, usually in the county where the person lived (county court, county court at law or statutory probate court).

How do I transfer a car after a death in Texas?

What happens to a bank account after a death in Texas?

Who inherits in Texas if there is no will?

Do I owe the person's debts in Texas?

Sources

Settle a small estate in Texas without probate

Free tools

Small estate checker

Letter to a bank

Balance request letter

What-to-gather checklist

Car, bank, house in Texas

Car or other vehicle

Bank accounts

House or land

Related pages

Small Estate Affidavit (Texas Estates Code chapter 205)

Probate of Will as Muniment of Title (Estates Code chapter 257)

Collection of a deceased spouse's final paycheck by affidavit

What counts toward the limit in Texas

Car or vehicle title after a death in Texas

Bank accounts after a death in Texas

Transfer-on-death (TOD) and payable-on-death (POD) in Texas

Surviving spouse in Texas

Debts of the person in Texas

Medicaid estate recovery in Texas

Who inherits with no will in Texas

Death certificates in Texas

Where to file in Texas

Good to know in Texas

Changes in 2024–2026

National rules that apply in every state

Federal estate tax

The final income tax return

Social Security

Savings bonds

Debts

A house with a mortgage

FDIC insurance on bank accounts

Medicaid estate recovery

Death certificates

Free help in Texas

More help on our sister sites

Questions about small estates in Texas