Free check · Texas only · Last verified 2026-09-24
Texas Small Estate Affidavit Readiness Checker
Wondering whether a Texas Small Estate Affidavit (SEA) might fit a relative's estate? Answer 17 anonymous questions to flag the stop conditions courts reject most often before you pay a filing fee, organize assets, debts, and signer roles without entering identifying information, and leave with a filing checklist and verified fees for Travis, Harris, or Bexar County.
Free preparation tool for educational purposes. Not legal advice, not a court form, and not a guarantee that a Texas court will accept or approve a filing. Rules and county requirements can change; verify current official sources or consult a Texas-licensed attorney.
No registrationOnly category and yes/no/unsure answers — no names, addresses, or documents.
Private by defaultAnswers stay in this page unless you choose to save your checklist in this browser.
Readiness, not approvalA court must still review and approve any affidavit filed.
Direct answer
What determines Texas SEA readiness?
Texas Estates Code Chapter 205 sets the core SEA conditions: the person died without a will, at least 30 days have passed since death, no personal representative petition is pending or granted, the estate's assets excluding homestead and exempt property do not exceed $75,000, and those assets are worth more than the known debts. A judge must still approve the affidavit. Bexar County's official checklist warns that Chapter 205 is easy to get wrong, and some incurable problems cause outright rejection and loss of the filing fee — which is why this checker surfaces stop conditions before you file.
Before the interactive checker
Use this manual overview even without JavaScript
Questions to answer before you file
- Have at least 30 days passed since the death, with no personal representative petition pending or granted?
- After setting aside possible homestead and exempt property for confirmation, is the remaining working asset total under $75,000?
- Did the person leave a will, and is there any dispute over debts, ownership, or who should inherit?
- Can you identify all possible distributee roles and two disinterested witnesses without using real names here?
- Which county did the person live in, and which SEA form does that county's probate court require?
These prompts do not decide legal eligibility. Verify current rules with the county and a Texas-licensed attorney before filing.
Interactive preparation flow
Answer 17 questions, then take your checklist to the clerk
The checker asks 17 fixed questions with an "I'm not sure" option on each, then classifies your result as No obvious stop found, Professional review recommended, or Stop before filing. Then add anonymous asset and debt categories, confirm signer roles, pick your county, and download, copy, email to yourself, save, or print your checklist.
- Answer 17 questions
Cover the will, 30-day, petition, $75,000, solvency, homestead, signer, and dispute conditions. - Organize your worksheet
Add generic asset/debt categories and confirm signature roles. - Keep your checklist
See your county's fee and form, then download or save the checklist.
County coverage
Verified county filing details
We show a county's fee and form rules only when an official county source states them. Each was checked on 2026-09-24. For other counties, the checklist tells you what to ask the clerk; see fees and timeline by county.
Travis County
$360 filing fee. Both probate courts require their own SEA form, a death certificate copy, and no heirs under 18.
Harris County
$360 filing fee. The clerk lists an Affidavit of Distributees / Small Estate with Judge's Order of Approval among its probate forms.
Bexar County
The court requires its posted SEA form and a death certificate copy. Its 2019 checklist cited a $232 fee; confirm the current fee with the clerk.
Other Texas counties
We have not verified the form, fee, or filing method. The checklist lists exactly what to ask the county clerk.
Capabilities
What this checker does and doesn't do
- Checks 17 fixed readiness conditions with a deterministic rule table
- Classifies results as no obvious stop, review recommended, or stop before filing
- Organizes an anonymous asset/debt worksheet with a working total and needs-review amount
- Checks signature/witness roles without collecting real names
- Shows verified fees and form rules for Travis, Harris, and Bexar counties
- Produces a checklist you can download, copy, email to yourself, save in this browser, or print
- Generate a signable, filable, or e-file-ready SEA form
- Determine final legal heirs, shares, or property classification
- Guess a county fee, form version, or filing method that hasn't been verified
- Accept names, addresses, account numbers, or uploaded documents, or send your answers anywhere
- Guarantee that any court will accept or approve a filing
Limits and when to get legal help
Risks, privacy, and professional review
Seek professional review
A disputed debt or inheritance, an unclear will, real estate beyond a possible homestead, or any "I'm not sure" answer on a key question moves your result to review or stop. Bring the printed summary to a Texas probate attorney or the county clerk. The tool does not form an attorney-client relationship.
Filing fee risk is real
Bexar County's own checklist warns that some Chapter 205 mistakes are incurable and cause rejection with loss of the filing fee — which is why this checker surfaces stop conditions and unverified county status before you pay anything.
Common questions
Cost, form, bank accounts, and heirship
How much does a Texas Small Estate Affidavit cost?
The Travis County Clerk and Harris County Clerk each list a $360 filing fee, plus $5 per certified copy and $1 per page (checked 2026-09-24). Bexar County's 2019 court checklist cited $232. See cost and timeline by county.
Do I get a fillable Texas SEA form from this checker?
No. This tool produces a preparation checklist, not a court form or e-file package. Several courts, including Travis and Bexar, require their own SEA form; the checklist links the official county sources. See documents and where to file.
Can a bank account be handled with a Small Estate Affidavit?
A bank account can be one of the assets counted toward the Chapter 205 threshold, but this checker does not classify any specific account for you — it only helps you organize categories and amounts for professional confirmation.
What is the difference between a Small Estate Affidavit and an affidavit of heirship?
A Small Estate Affidavit under Chapter 205 requires court approval and is generally used for smaller estates without a probated will, while an affidavit of heirship is a recorded real-property document under Chapter 203. This site's Texas Affidavit of Heirship Builder covers the second workflow.
Sources and methodology
Trace each rule and keep review dates visible
The will, 30-day, petition, $75,000, and solvency conditions trace to Texas Estates Code §205.001; signer requirements to §205.002; and the real property rule to §205.006 and §205.008. The homestead, heir-signature, and rejection warnings trace to the Travis County (October 2024) and Bexar County (2019) probate court checklists, and fees to the Travis and Harris county clerk fee pages. The checker uses a deterministic rule table, not an LLM, to select and display these summaries.
About this page
- Applies to
- Texas, United States only. Rules in other states differ.
- Official basis
- Last verified
- : every fact on this page was checked against the sources above on this date.
- Review status
- Not yet reviewed by a licensed Texas attorney Prepared from the primary sources listed. When a licensed Texas attorney reviews this page, their name and the review date will appear here.
- The tool can
- Screens the Chapter 205 stop conditions courts list most often
- Organizes an asset and debt worksheet and signer roles
- Shows verified county fees and forms for Travis, Harris, and Bexar
- Produces a checklist you can download, copy, email to yourself, save, or print
- The tool cannot
- Decide legal eligibility or who the heirs are
- Fill out or file the court's form
- Guarantee that a judge will approve the affidavit
- Give legal advice or represent you
- When rules change
- We re-check these sources at least every 90 days and after each regular Texas legislative session. When a statute, court form, or county fee changes, we update the tool and this page, change the date above, and record the change in the Texas rule update log (feed).
Next safe action
Leave with a readiness summary, not a filed document
Use the checker to spot obvious stop conditions, organize the anonymous worksheet and signature roles, then verify your county's current source and talk to a Texas probate attorney before you file or pay any fee.