Losing someone close is never easy, and handling their estate can feel overwhelming. If the estate is small, you might not need the full probate process. State law lets certain small estates use a simplified procedure that saves time and reduces costs.
What counts as a small estate
In Texas, an estate qualifies as a small estate if its total property value, not counting the homestead and other exempt assets, is $75,000 or less. This rule applies when the deceased person did not leave a valid will. If those conditions fit, the heirs can file a small estate affidavit instead of going through traditional probate. This document helps transfer assets without lengthy court proceedings.
How the small estate affidavit works
All heirs must agree to use the small estate affidavit. The affidavit lists all assets, debts, and heirs, and it must show that the estate’s assets exceed its debts, excluding secured debts like mortgages. Once the court approves the affidavit, the heirs can present it to banks or other institutions to collect funds or transfer ownership. The affidavit must include accurate information, since missing or incorrect details can delay approval.
When the simplified process cannot be used
If the estate includes real estate that is not the homestead, or if a valid will exists, this option does not apply. In those cases, another type of probate litigation or proceeding may be necessary. Knowing these limits helps families choose the right method for settling an estate.
Why the simplified process matters
The simplified probate process saves time and money and can help families avoid long delays. It gives them a way to close an estate efficiently when property is limited and there is no will.