Skip to the main guide

Travis County small estates

Travis County Small Estate Affidavit Guide

A Travis County small estate affidavit may be available when your loved one died without a will and every Texas Estates Code Chapter 205 condition is met.

The statewide rule is only the starting point. Travis County also has its own form, evidence, filing, fee, and review instructions.

Travis County Courthouse in Austin, Texas
Larry D. Moore, CC BY 4.0, via Wikimedia Commons.

Texas Chapter 205

Who can use a Travis 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.

ConditionRequirement
Will statusYour loved one died without a will
TimingAt least 30 days have passed since death
AdministrationNo 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 proofAll distributees, two disinterested witnesses, and complete asset, debt, and heirship facts

Build the evidence before the form

What do you need for a Travis 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.

EvidenceInclude
Identity and deathDeath certificate and consistent legal names
Family historyMarriage, children, parents, siblings, predeceased relatives, and every heir
AssetsInstitution or holder, identifying detail, ownership, value, and transfer share
LiabilitiesCreditor, balance, security, and relationship to exempt or homestead property

Use the county route

How do you file a small estate affidavit in Travis County?

Travis County provides the required form and checklist through its Probate Court forms page. The County Clerk currently lists a $360 filing fee for a Small Estate Affidavit and accepts service requests through the published filing channels.2

The Travis County Probate Courts require the current court-approved form and a readable death certificate with the Social Security number crossed out. The affidavit must list every known estate asset with enough ownership, value, and identifying detail for review.2

Keep the filing, approval order, and certified copies together. Each institution may still require identification and its own transfer paperwork.

  1. Confirm every Chapter 205 conditionCheck the will, timing, administration status, heirs, asset values, liabilities, and property route.
  2. Use the current Travis County formFollow the county checklist and attach the required local evidence.
  3. File for court reviewUse the current clerk location, payment method, and submission route.
  4. 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 Travis 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 Travis County small estate from start to finish?

Alix manages Travis 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 consultation

Questions worth answering

Travis County small estate affidavit questions

What is the Travis 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 Travis County form?

Yes. Travis County administrative orders require the court-approved Small Estate Affidavit form. Download the current form from the county probate page and follow the current checklist.

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 Travis 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 page5 official court, government, and law references

Forms, fees, court assignments, and procedures can change. Confirm the current official source before filing.