A small estate affidavit is the simplest probate procedure Texas offers. It is designed for the common El Paso situation where a parent or spouse died without a will, left a modest bank account, a vehicle and maybe the family home, and the survivors just need a legal document that banks and the county will honor. There is no executor, no inventory, no creditor publication and no hearing. Once the judge approves the affidavit, a certified copy is enough to collect accounts, retitle a car at the El Paso County Tax Office and record the homestead in the heirs' names.
Texas Estates Code Chapter 205 sets strict requirements. Under § 205.001, at least 30 days must have passed since death, no personal representative may have been appointed or requested, the decedent must have died without a will, and the value of the estate, not counting the homestead and other exempt property, must be $75,000 or less and greater than the known debts. Section 205.002 requires the affidavit to be sworn by two disinterested witnesses and every heir with capacity, list all assets and liabilities, and lay out the family history that shows who inherits under Chapter 201. Under § 205.006, the only real estate an affidavit can transfer is the homestead, and only to a surviving spouse or minor children.
Navar Law prepares the affidavit for a flat fee, coordinates the signatures of the heirs and two disinterested witnesses, files it with the El Paso County Clerk's probate division and follows up with Probate Court No. 1 or No. 2 until the judge signs the approval. You never appear in court. The most common reason these affidavits get bounced in El Paso is a family history that omits a marriage, child or stepchild, or an asset list that counts exempt property toward the $75,000 cap. Attorney Robert Navar knows what each El Paso probate judge expects to see, which is what keeps a simple matter simple.
Requirements for a Texas small estate affidavit
The decedent must have died without a will; if there is a will, look at a muniment of title instead. Thirty days must have passed since the death. The total value of non-exempt assets must be $75,000 or less, and assets must exceed debts. Every heir who has legal capacity must sign, and two people with no stake in the estate must swear to the family history. The affidavit must also include a full list of assets, debts, and the name and address of every distributee with their share.
The homestead is excluded from the $75,000 cap and can be transferred by the affidavit, but only to a surviving spouse or minor children. If the decedent owned a house and the heirs are adult children, or if there is a rental property or land in the county, the affidavit will not work and the family needs an affidavit of heirship or a determination of heirship.
Filing with the El Paso County Clerk and what happens next
The signed affidavit is filed with the El Paso County Clerk's probate section and assigned to Probate Court No. 1 or No. 2. The judge reviews it in chambers; if everything is in order, the court signs an order approving the affidavit without a hearing. We then obtain certified copies for each bank, the DMV and any insurer that requires one. If the homestead is transferring to a spouse or minor children, a certified copy is recorded in the El Paso County real property records so the title chain is clean when the house is later sold.
What's included
- Eligibility review against Texas Estates Code § 205.001, including the $75,000 calculation and exempt-property analysis
- Intestacy analysis under Chapter 201 to determine each heir's exact share
- Drafting of the affidavit with complete asset, liability and family-history schedules
- Coordination and notarization of signatures from all heirs and two disinterested witnesses
- Filing with the El Paso County Clerk and follow-up with the probate court until the order is signed
- Certified copies for banks, the DMV and insurers, and recording of the homestead transfer
How it works
Free eligibility check
Tell us what the decedent owned and owed and who the family members are. We confirm the estate fits under $75,000 and the intestacy rules, then quote a flat fee. If a different procedure fits better, we say so.
Drafting and signatures
We draft the affidavit with the asset, debt and family-history schedules, then arrange signing before a notary at our office on Vista Del Sol for all heirs and two disinterested witnesses, or by mobile notary when needed.
Filing and approval
We file with the El Paso County Clerk, respond to any questions from the probate court, and deliver certified copies of the approved affidavit so you can collect accounts and retitle property without ever appearing before a judge.