Small Estate Affidavit vs. Full Probate in Texas: Which Applies?
Small Estate Affidavit is a narrower, faster alternative to full probate in Texas — available only when the estate meets Estates Code Chapter 205's conditions (at or under $75,000 (non-exempt personal property; excludes homestead and other exempt property; intestate estates only)). 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 Small Estate Affidavit different from full probate
Small Estate Affidavit is a narrower, faster alternative to full probate in Texas — available only when the estate meets Estates Code Chapter 205's specific conditions (non-exempt property at or under $75,000 (non-exempt personal property; excludes homestead and other exempt property; intestate estates only)). 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 estate exceeds the $75,000 (non-exempt personal property; excludes homestead and other exempt property; intestate estates only) cap. Even one dollar over the statutory line under Estates Code Chapter 205 disqualifies small estate affidavit entirely — there's no partial or reduced-scope version of this mechanism for an estate just over the ceiling.
- Estate is not intestate (a will exists). Chapter 205 is available only when the decedent died without a valid will (or the will does not dispose of the entire estate). If a will exists and disposes of the property, the affidavit does not apply — Muniment of Title (see below) or full probate is the correct path instead.
- Filed before the 30-day waiting period has elapsed. The affidavit cannot be filed with the court until at least 30 days after the date of death. Filing early is a common, entirely avoidable rejection.
Why it's worth checking first: full probate is slower and typically far more expensive than small estate affidavit — a probate attorney typically charges $1,500–$4,200+ for the more limited process this kit 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 Small Estate Affidavit in Texas.
Once you know which path applies, here's the next snag
Whichever mechanism fits, presenting it to the asset holder is where families lose time. Free one-pager: what to bring and say before you go, emailed now. Then a few short follow-ups over the next few weeks — then we stop.