Skip to Content
Houston 713-636-5339
Fort Worth 817-442-2048

Texas Small Estate Affidavit for Estates Worth Less than $50,000

If you have questions about your small estate's value and need to explore your options, reach out to Attorneys Keith Morris & Stacy Kelly today by submitting a form online or calling (713) 636-5339 for Houston and (817) 442-2048 for Fort Worth.

    "Ryan & Keith genuinely care about their clients."

    Ryan McCreay genuinely cares about his clients. He patiently outlined the timeline in obtaining this overage, along with ...

    - Gerard P.
    "Ryan and team were very professional and empathetic regarding probating my sister's estate."

    They were caring and kind all the way through the process. I highly recommend them to anyone entitled to claim leftover funds from foreclosure or who need to probate an estate for a loved one. Here is a picture of myself and my lovely sister, Karen!

    - Shirley H.
    "After my Mom passed away and her house was foreclosed on, Ryan of Conscious Dealz helped me get the excess funds from the foreclosure."

    He told me the amount I would receive at the beginning of the process. He also told me that I would never have to step inside of a court room, which I didn't want to due to the complex challenges of probate court. Ryan and his team worked very hard for me.

    - AJ J.
    "Keith and his team were fantastic."

    Keith and his team were fantastic. We had heard horror stories of the probate process but our experience was fast and ...

    - Thomas M.
    "Thank you, Keith, I truly appreciate you."

    He researched my problem, consulted another expert just for a second opinion, and responded to me with the answers I needed. He is a SUPER PERSON.

    - Kathie
    "He was responsive and found the right resources for us."

    He helped my family navigate a unique probate and trust process right at the end of the year.

    - Previous Client
    "He is aggressive in court room while remaining respectful and compassionate to other lawyers and his clients."

    Keith is one of the finest and technically proficient lawyers I have ever met.

    - Jennifer
    "Whenever I had a question or concern, all I had to do was call or email Keith."

    Keith is very professional and was able to settle my family dispute.

    - Susan

Texas Small Estate Affidavit for Estates Worth Less than $50,000

If a decedent dies without leaving any will and his estate is less than $50,000 in value, your Texas probate attorney will likely recommend filing a small estate affidavit.

Texas small estate laws were enacted in order to allow a decedent’s heirs to obtain the decedent’s property without the formalities of probate, or through a shorter probate proceeding.

Administration of a Texas small estate can be done with less expense and in a shorter period of time. A Texas small estate affidavit is ideal for a small estate when there is no will.

When Can a Texas Small Estate Affidavit be Filed?

A Texas small estate affidavit can be filed under the following conditions:

  1. The decedent has died without leaving a will.
  2. There is no petition for personal representatives, either pending or granted.
  3. A period of 30 days has passed since the death of the decedent.
  4. The value of the entire estate is not greater than $50,000. This does not include Homestead and exempt property. Exempt property is that property that cannot be seized to pay debts under Texas law.
  5. Two disinterested witnesses have filed a sworn affidavit affirming heirship.

A Texas small affidavit cannot be used when the decedent has left behind a valid will. It also cannot be used when the decedent owned non-homestead real property. A Texas small estate affidavit must include details like the assets and liabilities of the estate, the names of all the distributes, their relationship to the deceased and other relevant facts.

If you have reason to believe that an estate may qualify for a small estate affidavit, it is advisable to consult with an experienced Texas probate attorney to determine whether the estate is indeed eligible for this affidavit. Sometimes, an estate may seem to qualify for a small estate affidavit, but after calculation of gross assets, the estate might exceed the amount allowed by law. These additional assets may include life insurance annuities, community property with right of survivorship, and payable on death property.

A small estate affidavit can be an uncomplicated and easy way to transfer property, but it’s important to consult with a Texas probate lawyer to determine if the estate is eligible under these laws.

To discuss your Texas Small Estate issue or get more information about Texas probate, please call Keith Morris & Stacy Kelly, Attorneys at Law at (713) 636-5339 in Houston and (817) 442-2048 in Fort Worth.

Success that Speaks for Itself

Case Results
  • Dispute Resolved Estate Administration & Division of Assets

    Resolved highly contentious ongoing dispute over father’s estate and division of assets between son and daughter.

  • Dispute Resolved Estate Administration Case

    Successfully resolved case between two siblings fighting over cash and personal property of their father.

  • Hearing Won Evidentiary Hearing

    Won lengthy evidentiary hearing to prove client was not in contempt of court to avoid sanction or jail time.

  • Case Won Guardianship Case

    Won trial to exclude wife to serve as guardian of gentleman she married that was at least twice her age.

  • Six-Figure Settlement Reached Multi-Million Dollar Estate Case

    Obtained six-figure settlement after jury was seated for adopted child in multi-million dollar estate case after adoption was disputed.

Why Choose Attorneys Keith Morris & Stacy Kelly?

  • Extensive Experience

    With over 40+ years of combined legal experience, Keith Morris & Stacy Kelly devoted their efforts to sharpening their skills in probate, trust, and estate planning and litigation.

  • Aggressive Litigators

    Keith Morris & Stacy Kelly are proud to be the litigators that takes on the most complicated and difficult cases to court and getting their clients optimal results.

  • Free Consultations
    Your first free case evaluation with us can be done through video conference, phone call, or an in-person meeting.
  • Personalized Attention

    If you call our firm, we will personally pick up the phone and handle your case with the attention it deserves.

Partner Up with Attorneys that Fight for You!

Contact the firm today to discuss your case during a free consultation and explore your options.