Affidavit of Heirship vs. Letters Testamentary in Texas: Which Applies?
Affidavit of Heirship is a narrower, faster alternative to full probate in Texas — available only when the estate meets Estates Code Chapter 203's conditions. Once an estate falls outside those conditions, full probate is what applies instead. This is informational only and is not legal advice.
Last reviewed
What makes Affidavit of Heirship different from full probate
Affidavit of Heirship is a narrower, faster alternative to full probate in Texas — available only when the estate meets Estates Code Chapter 203's specific conditions. Full probate has no such ceiling and no comparable shortcut; it's the default process every estate falls back into once it doesn't meet a narrower mechanism's conditions.
When an estate is pushed into full probate instead
- The actual need is a financial account, not real property. An Affidavit of Heirship establishes heirship to real property title — it is not accepted by most Texas banks or brokerages for releasing funds from an account. A no-will estate whose main asset is a bank account under $75,000 in non-exempt personal property needs the Small Estate Affidavit instead.
- A minor heir is involved. Because a minor cannot legally consent to or be bound by the affidavit's facts the way an adult heir can, title companies generally require court supervision when a minor is among the heirs — the nonjudicial affidavit process has no mechanism for that, pushing the estate toward a judicial Determination of Heirship instead.
Why it's worth checking first: full probate is slower and typically far more expensive than affidavit of heirship — a probate attorney typically charges $750–$3,000 for the more limited process this guide covers, and full probate usually costs more and takes longer on top of that. Confirm eligibility before assuming you need the bigger process — see what qualifies for Affidavit of Heirship in Texas.
Once you know which path applies, here's the next snag
Whichever mechanism fits, what happens after recording is where families lose time. Free one-pager: the real scenarios and what resolves each, emailed now. Then a few short follow-ups over the next few weeks — then we stop.