Texas route screening

Texas small-estate limit: $75,000

Available only where the decedent died INTESTATE.

Sources reviewed August 9, 2026. Sources rechecked October 3, 2026. This page last revised October 16, 2026.

1. Where and when

StateTexasFixed to this page. Open the navigator to compare another state.Date of deathRequired. Without it no waiting period can be tested and the route stays undecided.

Unsecured debt of the estate, which this state deducts before applying the limit$Texas requires this figure. Leaving it blank keeps the result undecided rather than assuming zero.

2. What they left

Asset 1

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real property

Asset 2

DescriptionValue$Not entered. A blank amount is not counted as zero.Enforceable liens or mortgage$Not entered. Enter 0 if there is no lien.OwnershipThis is real propertyWill it be sold during administration?Some court charges are assessed on sale proceeds and exclude real property that is kept, so this changes the amount.

Ownership determines whether an asset usually enters probate. Choose “Not sure” when title or beneficiary status has not been confirmed.

Private by design: entries stay in this browser.

Your working estimate

Texas estate snapshot

Route check

More information is needed

Counted probate estate: not yet counted

A valid date of death is required before any waiting period can be tested.

Gross probate propertyNot yet counted

Court chargeSet locallyTexas has no single statewide opening probate filing fee. Government/Local Government Code fixes only itemized per-service fees; the amount to open an administration is a consolidated charge set by each county clerk, so it varies by county.

Scheduled executor compensationMore information needed2 asset entries have no value entered.Estates Code § 352.002 entitles the executor/administrator to a 5% commission on all amounts actually received or paid out in cash in the administration, but the aggregate commission may not exceed 5% of the gross fair market value of the estate. Cash on hand or in accounts at death, life-insurance proceeds, and cash paid to heirs/legatees are excluded from the commission base. Section 352.003 permits alternative reasonable compensation for unusual efforts.

This route check is general information, not legal advice. It does not test every eligibility condition, creditor issue, will provision, local fee, or asset-title fact.

Distributees may collect the estate by affidavit if 30 days have elapsed since death, no personal representative is pending or appointed, the estate assets (excluding homestead and exempt property) exceed known liabilities (excluding those secured by homestead/exempt property), and the value of estate assets excluding homestead and exempt property does not exceed $75,000.

Where the limit comes from

Is this the limit that applies?

$75,000 is the limit in Tex. Est. Code § 205.001 as it read on October 3, 2026; confirm it with the probate court before you file.

Controlling citation: Tex. Est. Code § 205.001, Texas Estates Code § 205.001 - Small estate affidavit entitlement (Texas Legislature (statutes content host); eff. September 1, 2017.).

The section’s own words

The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative of the estate to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property, if: (1) 30 days have elapsed since the date of the decedent's death; (2) no petition for the appointment of a personal representative is pending or has been granted; (3) the value of the estate assets on the date of the affidavit described by Subdivision (4), excluding homestead and exempt property, does not exceed $75,000;

How the Texas screen is measured

Procedure	Small estate affidavit (Estates Code ch. 205)
What counts	The probate estate within the statute’s scope, so solely owned real property can count
Value basis	Gross value less exempt property the worksheet cannot classify
Waiting period	30 days after death
Facts the asset list cannot supply	Unsecured debt of the estate, which this state deducts before applying the limit

The official Texas path

Texas Courts — Self-Help — Texas Judicial Branch. Official self-help portal; Texas does not publish statewide fill-in probate forms.
Probate — Texas State Law Library research guide — Texas State Law Library. Official state law library guide to probate procedure and small estate affidavits.

What a small-estate screen can and cannot decide, and which assets never enter it, is explained once in small-estate affidavit or probate and what counts as a probate asset.

Controlling source

Statute

Tex. Est. Code § 205.001

Texas Estates Code § 205.001 - Small estate affidavit entitlement

The section’s own words

The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative of the estate to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property, if: (1) 30 days have elapsed since the date of the decedent's death; (2) no petition for the appointment of a personal representative is pending or has been granted; (3) the value of the estate assets on the date of the affidavit described by Subdivision (4), excluding homestead and exempt property, does not exceed $75,000;

What this means: The quote comes from the Texas Legislature's own copy of the statutes at tcss.legis.texas.gov, the text the official statutes site, statutes.capitol.texas.gov, displays.

Texas Legislature (statutes content host) · eff. September 1, 2017. · Rechecked October 3, 2026

Sources rechecked October 3, 2026: Texas source list · how sources are checked · report a correction

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