Letter to a bank or other holder in Texas

A letter that presents the small estate affidavit you have already signed. It says what you enclose and asks the holder to release the property.

Required when you mail the letter.

It goes into the letter only. It is never saved or sent to us.

Papers you are enclosing

Check what you will include. Only checked items go in the letter.

It goes into the letter as you type it. You can add a ready-made sentence:

Other formats

Do not send original documents unless the holder asks; keep copies. Sign the letter and keep a copy.

Official forms (linked, not reproduced here)

This site does not write the affidavit. Use the official form or the holder's own form:

Before you send it

Some banks have their own form or ask for a notary. Call the bank's estates department first and ask what it needs. Keep a copy of everything you send.

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
  1. Wait until at least 30 days after the death.
  2. List every asset and debt and mark which assets are exempt.
  3. Fill in the affidavit (the TexasLawHelp.org form or your county's form).
  4. All heirs with legal capacity and two disinterested witnesses swear to it before a notary.
  5. File it with the county clerk of the court that handles probate and pay the filing fee.
  6. 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.
  7. 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.

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

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

Bank account (POD)

Yes

Law: Tex. Estates Code sec. 113.152

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

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.

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

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

Related pages

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.