Texas Chapter 205
Who can use a Bexar County small estate affidavit?
The Chapter 205 route requires that your loved one died without a will, at least 30 days have passed, no application for an executor or administrator is pending or granted, and the qualifying estate value is $75,000 or less after applying the statutory exclusions and liabilities.1
The affidavit must name every distributee, show family history and shares, list assets and liabilities, and include the required sworn signatures. The judge must approve it before use.1
Do not start with the dollar figure alone. First confirm the will status, every potential heir, whether the estate needs an administration, the ownership of each asset, and whether land, a home, or a disputed debt changes the route.
| Condition | Requirement |
|---|---|
| Will status | Your loved one died without a will |
| Timing | At least 30 days have passed since death |
| Administration | No application is pending or granted, and an administration does not appear necessary |
| Qualifying value | $75,000 or less after applying Chapter 205 rules |
| People and proof | All distributees, two disinterested witnesses, and complete asset, debt, and heirship facts |
Build the evidence before the form
What do you need for a Bexar County small estate affidavit?
Gather the death certificate, complete marriage and family history, every heir's current contact information, account statements, vehicle records, deeds, property tax records, debt statements, and records showing the value and ownership of each asset.
For each account or item, record the institution, identifying details, value, ownership character, and intended distributee. The affidavit must separate probate property from assets that already pass through another transfer route.
| Evidence | Include |
|---|---|
| Identity and death | Death certificate and consistent legal names |
| Family history | Marriage, children, parents, siblings, predeceased relatives, and every heir |
| Assets | Institution or holder, identifying detail, ownership, value, and transfer share |
| Liabilities | Creditor, balance, security, and relationship to exempt or homestead property |
Use the county route
How do you file a small estate affidavit in Bexar County?
Bexar County publishes the Small Estate Affidavit. Its fee schedule effective January 1, 2026 lists a $360 filing fee. File at the Probate Department, Bexar County Courthouse, 100 Dolorosa, San Antonio, using current payment instructions.2
Use Bexar County's current affidavit and proposed order, attach a death certificate, address Medicaid Estate Recovery when applicable, and include complete family, ownership, value, debt, and signature facts.2
Keep the filing, approval order, and certified copies together. Each institution may still require identification and its own transfer paperwork.
- Confirm every Chapter 205 conditionCheck the will, timing, administration status, heirs, asset values, liabilities, and property route.
- Use the current Bexar County formFollow the county checklist and attach the required local evidence.
- File for court reviewUse the current clerk location, payment method, and submission route.
- Complete each transferPresent the approved affidavit and institution-specific proof, then document what was received and distributed.
Choose the route that matches the estate
When is a Bexar County small estate affidavit not enough?
Use another route when there is a will, the Chapter 205 value test is not met, an administration is already pending or granted, an executor or administrator is needed, the heirs or shares cannot be established, or the property cannot be transferred through this affidavit.
A beneficiary designation, joint ownership, trust, vehicle transfer, muniment of title, heirship proceeding, independent administration, or another probate process may control a specific asset or the whole estate.
What Alix is
How does Alix handle a Bexar County small estate from start to finish?
Alix manages Bexar County estate settlement from start to finish, with legal support included. Your Estate Settlement Specialist owns the broader plan across accounts, property, bills, taxes, records, and beneficiary updates.
A licensed attorney handles the legal work required for a Texas Chapter 205 small-estate affidavit, including advice, filings, hearings, and court responses. The court work and the operational work stay on one plan, so an accepted filing does not leave you to manage the rest of the estate alone.
You stay involved in the decisions only you can make. Alix handles the institution follow-up, property work, creditor records, tax documents, beneficiary communication, and closing work needed after the court grants authority.
Alix first maps each account and property item to the right transfer route. If Chapter 205 fits, licensed counsel handles the legal analysis and affidavit work while your Estate Settlement Specialist handles the records, institution follow-up, debts, property, tax documents, transfers, and beneficiary updates that remain.
Settling a loved one's estate is too important to do alone.
Alix handles the work from start to finish, with legal support included.
Set up a complimentary consultationQuestions worth answering
Bexar County small estate affidavit questions
What is the Bexar County small estate limit?
Texas Estates Code Section 205.001 sets a $75,000 cap for qualifying estate value. Homestead and exempt property are excluded from the cap, and qualifying liabilities are considered. The will status, waiting period, administration status, heirs, assets, and signatures must also fit.
Can I use a small estate affidavit when there is a will?
No. The Texas Chapter 205 small estate affidavit applies when your loved one died without a will. A will may point to a different probate route even when the estate appears small.
Do I have to use the Bexar County form?
Yes. Use Bexar County's current affidavit and proposed order, not a form saved from another county.
Does approval move every account and property item automatically?
No. You still have to present the approved affidavit and required identification to each institution or property holder, complete its transfer process, and keep a record of what was collected and distributed.
How does Alix help with a Bexar County small estate?
Alix confirms the route for each asset, provides legal support through licensed attorneys, and handles the broader settlement work through a dedicated Estate Settlement Specialist.
Sources checked for this page6 official court, government, and law references
Forms, fees, court assignments, and procedures can change. Confirm the current official source before filing.
- Texas Estates Code Chapter 205Small-estate eligibility, affidavit requirements, court approval, and transfer effect
- Bexar County Probate DivisionClerk address, filing resources, Small Estate Affidavit, policy, and current 2026 fee schedule
- Bexar County Probate Fee Schedule 2026Small Estate Affidavit filing fee effective January 1, 2026
- Bexar County Probate Court Orders and FormsRequired Small Estate Affidavit and court orders
- Bexar County Small Estate Affidavit policyFiling payment, proposed form and order, court review, and no-refund notice
- Bexar County Small Estate Affidavit checklistDeath certificate, venue, assets, debts, heirship, and local evidence requirements

