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Every small estate affidavit filed on or after September 1, 2019 for consideration by the Bexar County Probate Courts must be submitted on a proposed form and order in substantial compliance with the eight-page affidavit and two-page order attached to the administrative order and posted on the probate court website, with all blanks filled in accurately: the affidavit's sworn statements A–H (death, 30 days elapsed, domicile, no will, no administration, assets of $75,000 or less excluding homestead and exempt property, solvency, Medicaid status with MERP certification), the asset and liability charts (I, J), the family-history sections (K), the heirs-and-shares chart that everyone must complete (L), the boxed oath on every distributee signature page, and two disinterested-witness affidavits; the order form approves the affidavit, directs payment to adult heirs and deposit of minors' shares into the court registry under Estates Code Chapter 1355.
Applies to small estate affidavits under Estates Code Chapter 205 filed in the Bexar County statutory probate courts (signed for Probate Courts Nos. 1 and 2 by their current judges; two signers, so no single judge join). Probate Court No. 2's Small Estate Affidavit Checklist (TOPICs doc 442) explains the form. Procedural information only; not legal advice.
ADMINISTRATIVE ORDER NUMBER 2019-02. IN RE: ADMINISTRATIVE ORDER NO. 2019-02 — IN THE PROBATE COURT, BEXAR COUNTY, TEXAS. ADMINISTRATIVE ORDER ON THE FORM FOR SMALL ESTATE AFFIDAVITS In an effort to achieve consistency and compliance with Section 205 of the Texas Estates Code as it pertains to the utilization of small estate affidavits, the courts have agreed that there is a need for an administrative order regarding the format for said small estate affidavits. IT IS, THEREFORE, ORDERED that effective for all small estate affidavits filed on or after September 1, 2019, all applicants who submit a Small Estate Affidavit for consideration by the Bexar County Probate Courts shall submit the proposed form and order in substantial compliance with the form of order attached to this Administrative Order No. 2019-02, and available on the Probate Court web site with all blanks filled in with accurate and appropriate information. SIGNED July 15, 2019. Judge Oscar J. Kazen, Presiding Judge, Bexar County Probate Court No. 1; Judge Veronica Vasquez, Presiding Judge, Bexar County Probate Court No. 2. ATTACHED FORM — "Bexar County's Required Small Estate Affidavit form" (8 pages; No. ____, Estate of ____, Deceased, In the Probate Court No. ____, Bexar County, Texas). SMALL ESTATE AFFIDAVIT. On the dates indicated below, all of the Distributees of this estate and two disinterested witnesses personally appeared and, on their oath, did swear or affirm to the accuracy of the following facts, pursuant to Chapter 205 of the Texas Estates Code: A. Decedent, ____, died on the ____ day of ____, 20__ in ____ County, Texas. A copy of Decedent's death certificate will be filed in this cause number at the time this Affidavit is filed. B. More than 30 days have elapsed since Decedent's death. C. Decedent was a resident of and domiciled in ____ County, Texas, at the time of Decedent's death. [If not Bexar County, the affidavit must include facts supporting venue in Bexar County.] D. Decedent died without a will. E. No administration is pending or has been granted in Decedent's estate and none appears necessary. F. The total value of Decedent's estate assets on the date of this affidavit, not including homestead and exempt property, is $75,000.00 or less. G. The total value of Decedent's estate assets, not including homestead and exempt property, exceeds the total value of known liabilities. H. Medicaid – check the accurate box: [ ] The Decedent did not apply for and receive Medicaid benefits on or after March 1, 2005. OR [ ] Decedent did apply for and receive Medicaid benefits on or after March 1, 2005, and the Medicaid Estate Recovery Program claim is listed as a liability in section "J" below. OR [ ] The Decedent did apply for and receive Medicaid benefits on or after March 1, 2005, but there is no Medicaid claim against the estate. [If this box is checked, applicant(s) must either (1) file a Medicaid Estate Recovery Program (MERP) certification that decedent's estate is not subject to a MERP claim or (2) include additional information proving that a MERP claim will not be filed.] I. All assets of the Decedent's estate and their values are listed here (NOTE: Community property is property acquired during marriage other than by gift or inheritance. Separate property is property owned before marriage or acquired by gift or inheritance during marriage) — a chart of Description of Asset(s) (list each asset with enough detail to identify exactly what the asset is; for example, give bank name and last four digits of an account number; give life insurance company name; give description of car plus VIN number; give address & legal description of real property), $$ Value of Decedent's interest on date of affidavit (an affidavit cannot be approved with an asset of "unknown" value), and Additional information (1. If decedent was married, indicate whether each asset was community or separate property, and facts that explain why the asset was community or separate, and total value of each community property asset. 2. If decedent was survived by a spouse, minor children, or unmarried adult children who lived with decedent, the list of known estate assets must indicate which assets applicant claims are exempt. See checklist for more information). J. All liabilities/debts of the Decedent's estate and their values must be listed here, as of the date the affidavit is signed. The affidavit must list all of Decedent's existing debts and other liabilities including all credit card balances, doctor and hospital bills, utility bills, etc. – everything owed by Decedent or Decedent's estate and not paid off. If none, write "none." If funeral debts or attorney's fees and expenses will be paid from estate assets, list them here (chart: Description of Liabilities / Debts; Balance Due). K. The following facts regarding Decedent's family history show who is entitled to what share of Decedent's estate, to the extent that the assets of Decedent's estate, exclusive of homestead and exempt property, exceed the liabilities of Decedent's estate — Family History #1: Marriage (single, or married to ____, date married); #2: Children (none by birth or adoption and none taken into the home to raise, or a list of all children with birth date and other parent); #3: Children, part 2 (all children alive at death, or children who died before Decedent survived by descendants, and/or children who died before Decedent without descendants); #4: Parents (both survived, one survived, or both predeceased); #5: Sisters and Brothers (not needed if survived by both parents or by descendants; all full and half siblings alive at death; siblings who died before Decedent with their nieces and nephews); #6: Other (a separate page if survived by none of the foregoing, listing all surviving relatives and how each is related). L. EVERYONE MUST FILL OUT THE FOLLOWING CHART. Before filling out the chart, see #12 & #14 and pages 5-7 of the Court's Small Estate Affidavit Checklist. Based on the family history given in this Affidavit, the following chart lists all of the Decedent's heirs at law, together with their fractional interests in Decedent's estate: for each Distributee, name, address, telephone number, email address; share of separate personal property (this column MUST be filled out); share of separate real property (this column MUST be filled out, even if you do not list any real property); share of decedent's community property (if decedent was married, you must always fill out this column). Affidavits and signatures of all Distributee(s). *** Every signature page for every distributee must include the box below: We, as Distributees of the Decedent and as indicated by our signatures below, do solemnly swear or affirm the following: the foregoing Affidavit was completed by persons who have actual knowledge of the stated facts; all of the facts stated in the foregoing Affidavit are true and complete; and each of us has legal capacity. We pray that this Affidavit be filed in the records of the Bexar County Clerk; that the same be approved by the Court; and that the Clerk issue certified copies of this Affidavit and the order approving it as evidence of Distributees' right to inherit the property of Decedent as described above. We understand that Estates Code §205.007(c) provides that "[e]ach person who execute[s] [this] affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit." (Each distributee: "I am a Distributee in the Estate of ____, Deceased. I swear or affirm that I have personal knowledge of the facts stated in the foregoing Affidavit and that the facts contained in the Affidavit are true and complete to the best of my knowledge." — printed name, signature, notary jurat.) Affidavits and signatures of two disinterested witnesses: "I have no interest in the Estate of ____, Deceased, and am not related to Decedent under the laws of descent and distribution of the State of Texas. I swear or affirm that the facts contained in this Affidavit regarding family history, assets, and liabilities are true and complete to the best of my knowledge. I understand that Estates Code §205.007(c) provides that '[e]ach person who execute[s] [this] affidavit is liable for any damage or loss to any person that arises from a payment, delivery, transfer, or issuance made in reliance on the affidavit.'" (printed name, signature, notary jurat, for each of two witnesses). Prepared in the Law Office of: [Attorney signature block]. ATTACHED ORDER FORM — ORDER REGARDING SMALL ESTATE AFFIDAVIT (No. ____, In re Estate of ____, Deceased, In the Probate Court No. ____, Bexar County, Texas). On this day, the court considered the Small Estate Affidavit for the distributees of the above estate. Based on the representations of the applicant(s) and the witnesses in the Affidavit, the court finds: that the Affidavit complies with the terms and provisions of the Texas Estates Code, that this court has jurisdiction and venue, that this estate qualifies under the provisions of the Estates Code as a Small Estate and that the distributees are entitled to the personal property of the decedent, to the extent the assets exceed the known liabilities, exclusive of homestead and exempt property. Nothing herein transfers title to real estate, except as to realty that is homestead, nor affects the disposition of property under a will or other testamentary instrument, nor does the court make any determination as to the separate or community nature of any property. The Court further finds that the following heir(s) is/are a minor(s): ____ (name, including last 3 digits of the minors' social security number(s) (add lines as necessary), and that his/her share of decedent's property should be directly deposited into the registry of the court, in an interest bearing account according to Texas Estates Code § 1355 et seq. IT IS, THEREFORE, ORDERED by the court that the Affidavit is hereby approved as set out above. The Affidavit shall forthwith be recorded in the records of the County Clerk, and the clerk of this Court shall issue certified copies thereof to all persons entitled thereto. IT IS FURTHER ORDERED that any person or entity owing money or property to the estate shall pay that money or property to the following adult heirs: ____ (names of each adult heir, and you can add lines as necessary) outright, and shall pay money or property belonging to decedent's minor heirs ____ into the registry of the Court, into an interest bearing account for the benefit of the minor heir pursuant to Section 1355 of the Texas Estates Code. IT IS FURTHER ORDERED that the distributees shall provide and cooperate with the Clerk of the Court in providing any information and completing all documentation necessary to establish such an account for a minor beneficiary. SIGNED on ____. JUDGE PRESIDING.
ADMINISTRATIVE ORDER NUMBER 2019-02. IN RE: ADMINISTRATIVE ORDER NO. 2019-02 — IN THE PROBATE COURT, BEXAR COUNTY, TEXAS. ADMINISTRATIVE ORDER ON THE FORM FOR SMALL ESTATE AFFIDAVITS In an effort to achieve consistency and compliance with Section 205 of the Texas Estates Code as it pertains to the utilization of small estate affidavits, the courts have agreed that there is a need for an administra
Reviewer note: Composed 2026-09-08 from the TOPICs custody file (eleven image-only pages, all read through the vision lane). The order is transcribed verbatim; the attached affidavit form's fixed text is transcribed with its charts and fill-in structure described rather than reproduced as blanks, and the order form is transcribed verbatim.
2 verbatim requirements from 4th Circuit Administrative Order 1986-33A.
1 verbatim requirement from 4th Circuit Administrative Order 1987-09.