Your Small Estate Affidavit Roadmap

Confirm the decedent did not leave a valid will

Total the estate's value excluding the homestead and exempt property — it must be $75,000 or less

Wait the mandatory 30 days after the date of death before filing

Identify every heir under Texas intestacy — surviving spouse, children, parents, siblings, etc.

Confirm no other probate application is currently pending in the same court

Obtain certified copies of the death certificate from Texas Vital Statistics

Prepare a sworn affidavit listing every asset, every debt, and every heir with their respective share

Coordinate notarized signatures from all distributees and the two disinterested witnesses required in many counties

File the affidavit and supporting documents with the probate court clerk (not a judge)

Present certified copies of the approved affidavit to banks, brokerages, and the DMV to claim each asset

Note that real property other than the homestead generally cannot transfer via Small Estate Affidavit — speak with an attorney if non-homestead real estate is involved

Schedule a flat-fee consultation with WG Law to confirm eligibility before drafting — disqualifying facts found late will force you to refile under a different path