No matter the time, we're here for you. Reach out 24/7!2900 Woodridge Drive, Suite 210, Houston, TX 77087
Home/Practice Areas/Estate Planning & Probate/Probate/Small estate affidavits
The cheapest route through a Texas estate — for the narrow set of cases that actually qualify.
Probate
Approved by the court, the affidavit lets banks release accounts and lets certain assets pass without an administration. It does not appoint anyone with authority to act for the estate, it does not transfer non-homestead real property, and third parties are entitled to be cautious about it — some institutions simply prefer letters of administration and will say so.
The alternatives are usually a determination of heirship, often paired with independent administration by agreement of the heirs, or — where there is a will — probate as a muniment of title. Both are more procedure than a small estate affidavit and considerably less than a full dependent administration. The right answer depends on the assets and on who needs to be satisfied.
Harris County and surrounding counties apply these requirements exactly, and affidavits are rejected for incomplete family histories, missing signatures, an asset that should not have been listed, or a distributee who is a minor. A rejected affidavit costs weeks; it is worth having the document prepared properly rather than corrected twice.
A streamlined alternative to administration for modest estates where there is no will and the statutory requirements are all met.
No will, a waiting period after death, no pending administration, assets exceeding the known liabilities, and a value under the statutory ceiling excluding the homestead and exempt property.
Then this is not the route. Probate as a muniment of title is designed for that situation and is similarly inexpensive.
Only the homestead, and only to those entitled to it. Other real property requires a different proceeding.
All the distributees with legal capacity, together with two disinterested witnesses, and it is sworn.
Yes, the affidavit is filed and approved by the court before institutions will act on it.
That happens; institutions are permitted to insist on letters of administration. Sometimes a conversation resolves it, and sometimes a short administration is faster.
That complicates the affidavit and often makes another route necessary. It is one of the most common reasons these are rejected.
It is among the quickest routes available when it fits, though a rejected affidavit costs weeks, so it is worth preparing properly the first time.
The usual alternatives are a determination of heirship with independent administration, or a muniment of title where there is a will.
Free Consultation
Available 24/7 · Office hours Monday to Friday, 9:00 AM – 5:00 PM
