Houston Small Estate Affidavit Attorney

When a loved one passes away without a will and the estate is modest in size, a small estate affidavit can be the fastest and least expensive way to transfer assets to the rightful heirs, often without ever appearing in court.

What Is a Small Estate Affidavit?

Under Texas Estates Code §205, a small estate affidavit is a sworn document that identifies the deceased person’s heirs and assets, allowing property to be transferred without formal probate. It’s an alternative to the more time-consuming and expensive probate process.

Key requirements:

• The deceased died without a valid will (intestate)
• At least 30 days have passed since the date of death
• The estate value (excluding homestead and exempt property) does not exceed $75,000
• The estate’s assets exceed its liabilities (debts don’t outweigh assets)
• No petition for appointment of a personal representative is pending or has been granted

How to Calculate the $75,000 Threshold

The $75,000 limit applies to non-exempt assets only. Texas law exempts certain property from this calculation:

• Homestead: the family home, regardless of its value
• Exempt personal property: up to $100,000 in personal property for a family with a surviving spouse and minor children
• Family allowance: maintenance for the surviving spouse and minor children during the first year

This means an estate with a $400,000 home, a $30,000 car, and $20,000 in bank accounts could still qualify — because the home is exempt and the remaining assets total $50,000.

The Filing Process in Harris County

1. Wait 30 days. Texas law requires at least 30 days to pass after the date of death before filing.
2. Identify all heirs. Determine the legal heirs under Texas intestacy law. This depends on the deceased’s marital status, whether they had children, and the character of each asset (community vs. separate property).
3. Prepare the affidavit. The affidavit must list all assets, all known liabilities, and all legal heirs. It must include a legal description for any real property.
4. Obtain signatures. All heirs must sign the affidavit, plus two disinterested witnesses who knew the deceased and the family.
5. Notarize. The affidavit must be sworn before a notary public.
6. File with the county clerk. File the original affidavit with the clerk of the court that has jurisdiction. For Harris County residents, this is the Harris County Clerk’s office.
7. Present to third parties. Use the filed affidavit to transfer bank accounts, vehicle titles, and other assets.

When a Small Estate Affidavit Won’t Work

The small estate affidavit is not available in every situation:

• There is a valid will. Use muniment of title or independent administration instead.
• Non-exempt assets exceed $75,000. You’ll need formal probate, possibly through intestate succession.
• Not all heirs agree. Every distributee must sign; one holdout blocks the process.
• Outstanding unsecured debts exceed assets. The affidavit requires that assets exceed liabilities.
• Real estate title issues. Some title companies may not accept a small estate affidavit for real estate transfers, particularly for high-value properties.

Why Work With Kyle Robbins for Your Small Estate Affidavit

While a small estate affidavit avoids formal probate, the legal requirements are specific. Incorrectly identifying heirs under Texas intestacy law, miscalculating the $75,000 threshold, or failing to include required information can invalidate the affidavit. Kyle Robbins helps Houston families navigate this process correctly the first time.

Book a free consultation to determine if a small estate affidavit is the right option for your situation.