Harris County Small Estate Affidavit Guide

Texas Estates Code Sections 205.001 and 205.002 require that your loved one died without a will, at least 30 days have passed, no executor or administrator is pending or appointed, and the qualifying estate value is $75,000 or less, excluding homestead and exempt property.1

For the value test, add the estate assets covered by the affidavit, subtract liabilities other than debts secured by homestead and exempt property, and do not count the homestead or exempt property in the $75,000 cap. Every heir must be identified, and the affidavit must show each heir's share.1

• No will
• At least 30 days since death
• No pending or granted administration
• Qualifying estate at or below $75,000
• Complete heirs, assets, debts, and required signatures

Gather the certified death certificate, complete marriage and family history, every heir's name and address, an itemized asset list, a separate debt list, property descriptions, and records supporting the value and ownership of each item.

Use the Harris County “Affidavit of Distributees / Small Estate With Judge's Order of Approval.” Missing heirs, an omitted debt, unclear homestead facts, incomplete signatures, or inconsistent values can prevent approval.2

File the Harris County affidavit and attachments with the clerk. The current clerk schedule lists $360 for a new small-estate matter. The court reviews the affidavit and signs the approval only if the statutory facts and signatures are sufficient.12

Approval is not the same as completing the settlement. The approved affidavit still has to be presented to the bank, institution, or other holder, and each recipient can require identification, certified records, or its own processing steps.

1. Confirm every eligibility conditionCheck the will status, waiting period, administration status, value calculation, heirs, assets, and debts.
2. Prepare the Harris County affidavitUse verified names, relationships, property descriptions, values, liabilities, and signatures.
3. File for court reviewUse the current clerk route, payment, and attachment instructions.
4. Complete each transferPresent the approved record and institution-specific proof, then document every transfer.

It does not fit when your loved one left a will, the statutory value limit is exceeded, an administration is pending or granted, the family history cannot be proved, the debts and assets do not meet the Chapter 205 rules, or the property requires a different transfer method.

A beneficiary designation, trust, joint ownership, vehicle process, independent administration, heirship proceeding, or another probate route may control a specific asset or the whole estate.

Alix manages Harris 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 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 affidavit work and your Estate Settlement Specialist handles the records, institution follow-up, debts, property, taxes, transfers, and beneficiary updates that remain.