EstateProbate and small estates in Texas
Last reviewed Oct 29, 2026 · EstateHowTo editorial team · How we research
Key facts
Key factsSmall estate affidavit for intestate estates up to $75,000 (excluding homestead and exempt property), after 30 days.
Texas does not set a statutory percentage fee schedule for probate attorneys. Filing fees vary by county clerk; we have not yet published them.
Yes. Texas allows transfer on death deeds under the Texas Real Property Transfer on Death Act. The deed must be recorded in the county deed records before death, and it cannot be signed by an agent under a power of attorney.
Tex. Estates Code §§ 205.001–.002
Do you need probate?
Do you need probate?Assets that usually skip probate:
- Jointly owned property with right of survivorship
- Payable-on-death (POD) and transfer-on-death (TOD) bank and brokerage accounts
- Life insurance and retirement accounts with a living named beneficiary
- Property titled in a living trust
- Real estate with a transfer on death deed, where the state allows one
What usually requires probate:
- Assets in the person’s sole name with no beneficiary or co-owner
- Real estate in the person’s sole name with no TOD deed or trust
- An estate above the state’s small-estate limit, or one that doesn’t qualify for the shortcut
- Debts or disputes that need a court-appointed representative
Texas shortcut: Small estate affidavit for intestate estates up to $75,000 (excluding homestead and exempt property), after 30 days.
Quick decision guide
- Did the person own anything in their sole name with no beneficiary, co-owner or trust? No → probate is usually not needed (but check the will-filing rule below). Yes → go to 2.
- Is that property under the state’s small-estate limit or eligible for its simplified procedure? Yes → use the shortcut. No → a probate case is usually needed.
What you may still have to do with no probate
No general filing deadline, but timing matters. Texas has no rule requiring the original will to be deposited after death. However, a will does not prove title to property until it is admitted to probate, and generally it cannot be admitted after the fourth anniversary of the death unless the applicant was not in default. When someone applies to probate the will, the original must be filed with the application if they have it, and it stays with the county clerk.
- A will is not effective to prove title to property until admitted to probate. Source: Tex. Estates Code § 256.001, checked Oct 29, 2026.
- A will generally cannot be admitted to probate after the fourth anniversary of the death. Source: Tex. Estates Code § 256.003, checked Oct 29, 2026.
- The applicant must file the original will with the application if it is in their control. Source: Tex. Estates Code § 256.053, checked Oct 29, 2026.
When do you need probate? · How to file a will after someone dies
Details and sources
- When someone dies without a will, heirs can use a small estate affidavit if 30 days have passed, no administration is pending, and estate assets (excluding homestead and exempt property) do not exceed $75,000. The affidavit is sworn by two disinterested witnesses and the distributees and must be approved by the judge. Source: Tex. Estates Code §§ 205.001–.002, checked Oct 29, 2026.
Find your court: Texas probate courts by county.