Tex. Est. Code § 205.001 · Chapter 205. SMALL ESTATE AFFIDAVIT
ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE.
Text — Current through the 89th 2nd Called Legislative Session, 2025
The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative of the estate to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property, if:
(1) 30 days have elapsed since the date of the decedent's death;
(2) no petition for the appointment of a personal representative is pending or has been granted;
(3) the value of the estate assets on the date of the affidavit described by Subdivision (4), excluding homestead and exempt property, does not exceed $75,000;
(4) an affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate;
(5) the judge approves the affidavit as provided by Section 205.003; and
(6) the distributees comply with Section 205.004.
Notes and commentary — not statutory text
History
Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.
Amended by:
Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 12, eff. September 1, 2017.
Source of truth
- Edition
- Current through the 89th 2nd Called Legislative Session, 2025
- Official file
- https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm
- Text hash
- sha256 08c5c672655246adbfd6f6b896232df3691a730ba894b180c4d114412960e80c
- Composed by
- compose_tx.py 2026-10-05: the Legislative Council's chapter files read in document order; verify_tx.py's independent reading (lxml DOM walk) agrees character for character
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 8 provisions
Provisions in this library whose text cites Tex. Est. Code § 205.001. Each shows the citation as that text prints it.
Estates Code
- Tex. Est. Code § 205.002AFFIDAVIT REQUIREMENTS.Printed as Section 205.001 | Sections 205.001(1)
- Tex. Est. Code § 205.003EXAMINATION AND APPROVAL OF AFFIDAVIT.Printed as Section 205.001
- Tex. Est. Code § 455.008SMALL ESTATES.Printed as Section 205.001
- Tex. Est. Code § 455.009SMALL ESTATE AFFIDAVIT.Printed as Section 205.001
- Tex. Est. Code § 455.010GRANT OF ADMINISTRATION.Printed as Section 205.001
- Tex. Est. Code § 2001.101DISCLOSURE OF CONTENT OF ELECTRONIC COMMUNICATIONS OF DECEASED USER.Printed as Section 205.001
- Tex. Est. Code § 2001.102DISCLOSURE OF OTHER DIGITAL ASSETS OF DECEASED USER.Printed as Section 205.001
- Tex. Est. Code § 2001.202AUTHORITY TO TERMINATE ACCOUNT.Printed as Section 205.001
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.