To qualify for the distribution of an estate through the Small Estate Affidavit, the following must apply^[3]:

• The decedent left no will.
• The estate value does not exceed debts.
• 30 days have passed since the decedent’s death.
• No personal representative has been or is pending to be appointed.
• The estate value is $75,000 or less (minus homestead and other exempt property).
• No real property is included (except a homestead passed to spouse or minor children).
• Administration is not pending, granted, or appears necessary.

The Affidavit must be completed, signed by all heirs and two disinterested witnesses, and notarized.^[4] The document must then be filed with the county or probate court.^[5]

For vehicle transfers, the Affidavit of Heirship for a Motor Vehicle must be filed with the Texas DMV.

Once filed, a copy of the Affidavit must be given to parties in debt to the estate or holding estate assets, including fiduciary or transfer agents.^[6] The estate can then be distributed as detailed in the Affidavit.

If transferring the decedent’s homestead, the Affidavit must be recorded with the county clerk of the homestead’s county.^[7]