How to File a Bexar County Small Estate Affidavit

A Bexar County small estate affidavit lets the heirs of someone who died without a will collect that person’s property without opening a full probate, provided the estate meets every condition in Chapter 205 of the Texas Estates Code.¹ You download the county’s form, list every heir, asset, and debt, get the paperwork signed before a notary by the heirs and two disinterested witnesses, and e-file it with the probate court. If the judge signs the order, you use certified copies to collect bank accounts, retitle vehicles, and, in narrow circumstances, transfer the homestead.

The catch is that the eligibility rules are strict and the court will reject a filing that misses even one. Read this before you spend time on the form.

Does the Estate Qualify?

Six conditions in Section 205.001 must all be true on the day you sign the affidavit:¹

The person died without a will. Any will, including a handwritten one, puts you on a different probate track such as muniment of title.
At least 30 days have passed since the date of death.
The estate’s non-exempt assets total $75,000 or less, not counting the homestead or exempt personal property.
Known assets exceed known debts (again setting aside the homestead and exempt property). An insolvent estate cannot use this process.
Nobody has petitioned to be appointed personal representative, and no such appointment is already in place.
The deceased owned no real estate other than a homestead. A vacant lot, a rental, or a share of inherited land disqualifies the estate.

The $75,000 cap sounds tight, but it excludes “exempt personal property,” a category that covers home furnishings, clothing, up to two firearms, vehicles (one per licensed family member), tools of a trade, athletic equipment, livestock, and household pets. Texas allows up to $100,000 of exempt personal property to be set aside for the family. Most everyday belongings never count against the cap.

Because there is no will, Texas intestacy law decides who inherits. Who takes depends on whether a spouse survived, whether there are children, and whether property is community or separate. If a spouse and children are in the picture, get the family-tree analysis right before you file. Every heir has to be named in the affidavit, and leaving one out creates liability later.

Filling Out the Affidavit

Bexar County publishes the small estate affidavit form and an accompanying checklist on its probate forms page.² The checklist, especially the one from Probate Court 2, is the closest thing to an instruction manual the court provides. Download both before you start.

The form asks for three categories of detail:

Family history. The deceased’s full legal name, date of death, and marital status, plus the name, relationship, and current address of every heir entitled to inherit under intestacy.
Asset inventory. Each asset itemized specifically enough to be enforceable. Bank accounts need account numbers and balances. Vehicles need the VIN. If the homestead is included, use the full legal description from the deed, not just the street address.
Debts. Every known liability, from credit cards to medical bills to personal loans, so the judge can confirm solvency.

Every heir has to sign the affidavit in front of a notary. On top of that, two disinterested witnesses must sign. A disinterested witness is someone who will not inherit from the estate but has personal knowledge of the family history. They swear to the deceased’s marital status and children, and their statements are the court’s main defense against false heirship claims. If you cannot locate a disinterested witness, you may need to file a motion explaining the circumstances.

Filing in Bexar County

Filing goes to the Bexar County District Clerk, and Bexar County requires electronic filing through an e-filing service provider at eFileTexas.gov. Self-represented heirs can file through the same system; it is not restricted to attorneys.³ The three probate courts sit at 100 Dolorosa in San Antonio if you need to visit in person.⁴

You will pay a filing fee at submission. Check the Probate Division’s current fee schedule before filing, because fees change.³ Also budget for certified copies of the signed order; each copy carries its own charge and you will need several.

There is no hearing. The judge reviews the paperwork and, if everything conforms to Chapter 205, signs the order approving the affidavit.⁵ The review focuses on whether every heir is listed, whether the assets stay inside the statutory limits, and whether the estate is genuinely solvent. If something is wrong or missing, you will be sent back to amend and refile.

Using the Order to Collect Assets

Order the certified copies from the clerk as soon as the judge signs. Banks, title offices, and tax assessor-collectors each want their own original, and photocopies will not be accepted.

For bank and brokerage accounts, present a certified copy to the institution holding the money. State law protects the institution from liability when it releases funds based on an approved small estate affidavit, so most will pay out without a fight.⁶ If one refuses, the distributees can go back to court to compel the transfer.

For vehicles, take the certified order to the Bexar County Tax Assessor-Collector’s office. Texas also requires a notarized gift transfer affidavit (Form 14-317) and the Application for Texas Title (Form 130-U) for family transfers.⁷

Transferring the Homestead

The small estate affidavit can transfer the deceased’s homestead, but only if the homestead is the only real property in the estate and only if it passes to a surviving spouse or minor children. No other real estate moves through this process.¹

When the homestead qualifies, record a certified copy of the approved affidavit in the deed records of the county where the property sits. That recording establishes the chain of title, and heirs who later want to sell or refinance will need it. A later good-faith purchaser can rely on the recorded affidavit, though the estate’s creditors retain their claims against the property.

Liability That Survives Distribution

Receiving property through this process does not close the estate out. Under Section 205.007, every heir who takes assets stays answerable to anyone with a prior legal right to that property, and to any personal representative appointed later.⁶ If a creditor surfaces, or an heir who was left off the affidavit comes forward, the people who already received property can be forced to turn it over or pay its value.

Anyone who actually signed the affidavit carries broader exposure. Every signer is personally liable for damage or loss caused by payments or transfers made on the strength of the affidavit.⁶ Omitting an heir or an asset, deliberately or carelessly, creates real risk for the people who swore the document was complete.

Medicaid Estate Recovery

If the deceased received Medicaid-funded long-term care after age 55 and first applied on or after March 1, 2005, Texas can pursue the estate for reimbursement through the Medicaid Estate Recovery Program.⁸ The state usually makes contact after the death, which is why heirs are often blindsided.

MERP does not pursue a claim where the estate is worth $10,000 or less, total Medicaid costs were $3,000 or less, or where a surviving spouse, a child under 21, or a blind or permanently disabled child of any age survives. An unmarried adult child who lived full-time in the deceased’s home for at least a year before the death also blocks recovery. Funeral costs, legal expenses, and mortgages are paid before any MERP claim, and hardship waivers exist for family farms and ranches and for modest homesteads where heirs meet income limits.⁸ If the deceased received any Medicaid long-term care, deal with MERP before you distribute. Chasing property back from heirs who have already spent or spent down what they received is much harder than holding it for a few weeks while the state responds.

1
State of Texas. Texas Estates Code 205.001 – Entitlement to Estate Without Appointment of Personal Representative
2
Bexar County, TX – Official Website. Forms and Manuals
3
Bexar County, TX – Official Website. Probate Division
4
Bexar County, TX – Official Website. Probate Courts of Bexar County
5
State of Texas. Texas Estates Code Section 205.003 – Examination and Approval of Affidavit
6
State of Texas. Texas Estates Code Section 205.007 – Liability of Certain Persons
7
Texas Comptroller of Public Accounts. Motor Vehicle Tax Guide – Gift Transfer
8
Texas Health and Human Services. Your Guide to the Medicaid Estate Recovery Program