A Small Estate
Estates Code 205.001 — an affidavit instead of an administration, at $75,000 or less
In Texas, the heirs of a person who died without a will are entitled to the estate without waiting for a personal representative to be appointed, to the extent the assets, apart from the homestead and exempt property, exceed the known debts, when every condition the section lists is met.
- 30 days have passed since the death.
- No petition to appoint a personal representative is pending or has been granted.
- The estate, apart from the homestead and exempt property, is worth no more than $75,000 on the date of the affidavit.
- An affidavit meeting the Code's requirements is filed with the clerk of the court for the estate, and the judge approves it.
Sources for this section (1)
- undefined 205.001 — Entitlement to estate without appointment of personal representative
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Texas attorney.