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Texas Affidavit Form

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Small Estate Affidavit

Form updated for 9/1/2017

NO.

Estate of
Deceased

In Probate Court of 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.

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.

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.

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.

The Decedent did apply for and receive Medicaid benefits on or after March 1, 2005, but there is no Medicaid claim against the estate.

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.

Description of Asset(s)
List each asset with enough detail to identify exactly what the asset is.		 $$ value of Decedent’s interest on date of affidavit Additional information

J. All liabilities/debts of the Decedent’s estate and their values must be listed here.

If none, write “none.” If funeral debts or attorney’s fees and expenses will be paid from estate assets, list them here.

Description of Liabilities / Debts Balance Due

If you did not list attorney’s fees as a liability above but one or more distributees have paid or will pay attorney’s fees for this small estate affidavit, indicate the amount of those fees here: $ Also indicate who has paid or will pay the fees:

K. Family history

Family History #1: Marriage.

On the date of Decedent’s death, Decedent was a single person.

OR

On the date of Decedent’s death, Decedent was married to .

The date they were married: .

Family History #2: Children.

Decedent had no children by birth or adoption, and Decedent did not take any children into Decedent’s home to raise as a child.

OR

Child’s name Birth date, if known Name of child’s other parent

Family History #3: Children, part 2.

All of Decedent’s children, by birth or adoption, were alive when Decedent died.

OR

Name of deceased child Date child died Names of all children of the deceased child

Family History #4: Parents.

The Decedent was survived by both parents, and .

OR

Decedent was survived by only one parent, .

Decedent’s other parent, , died on .

OR

Both of Decedent’s parents died before Decedent’s death.

Family History #5: Sisters and Brothers.

The following information about Decedent’s sisters and brothers is not needed if Decedent was survived by both parents or by children, grandchildren, or great-grandchildren.

The following are all of Decedent’s brothers and sisters who were alive on the date Decedent died.

Name of brother or sister State whether full or half-sibling Birth date

L. Heirs at law distribution chart

EVERYONE MUST FILL OUT THE FOLLOWING CHART. Before filling out the chart, see #13 & #15 and pages 6-8 of the Court’s Small Estate Affidavit Checklist.

For each Distributee: Name, Address, Telephone number, Email address Share of separate personal property Share of separate real property Share of decedent’s community property

Affidavits and signatures of all Distributee(s).

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 County Clerk; that the same be approved by the Court; and that the Clerk issue certified copies...

STATE OF

COUNTY OF

I am a Distributee in the Estate of , Deceased.

Printed name:

Signature:

Sworn date:

Notary Public, State of

STATE OF

COUNTY OF

I am a Distributee in the Estate of , Deceased.

Printed name:

Signature:

Sworn date:

Notary Public, State of

Affidavits and signatures of two disinterested witnesses

STATE OF

COUNTY OF

Printed name:

Signature:

Sworn date:

Notary Public, State of

STATE OF

COUNTY OF

Printed name:

Signature:

Sworn date:

Notary Public, State of

Prepared in the Law Office of:

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What the Texas Affidavit Form Is and When it’s Used

A Texas Affidavit Form is a written, sworn statement of fact made by an affiant and typically signed before a notary public or other authorized official. Affidavits are used to record facts for legal processes including court proceedings, title matters, lost-document claims, and administrative filings. Depending on the purpose, an affidavit will include a jurat or acknowledgement, the affiant’s identifying details, a clear statement of facts, and signature and notarization blocks. Electronic completion and submission may be allowed where state notary and record rules permit remote notarization or electronic acknowledgements under ESIGN and UETA.

Why a Properly Prepared Texas Affidavit Matters

A correctly completed affidavit creates a sworn factual record admissible in many legal and administrative contexts and can speed dispute resolution or title clearance.

Why a Properly Prepared Texas Affidavit Matters

Who Commonly Completes and Relies on Texas Affidavits

Typical users include individuals preparing sworn statements, attorneys submitting evidence to courts, and business personnel documenting transactions or losses.

  • Real estate professionals and title companies preparing affidavits of heirship or lost-deed statements.
  • Legal counsel and parties submitting sworn factual statements for litigation or administrative hearings.
  • Banks and financial institutions documenting account ownership changes or supporting forms for compliance.

Different signers and recipients may require additional steps such as notarization, witness signatures, or county recording depending on the affidavit’s purpose.

Primary Signers and Requestors

Affiant

An individual with direct knowledge of the facts who must sign under oath; the affidavit should identify the affiant by full legal name and contact information, and include a clear, chronological statement of facts.

Requesting Party

An attorney, title officer, or institutional representative who requests the affidavit to support a filing; this party often specifies the jurat wording and any supporting exhibits required.

Core Sections Found in a Professional Texas Affidavit Form

A well-structured affidavit includes distinct sections that make the sworn facts, identity, and authentication clear for any recipient.

Caption

Case or matter heading identifying the court, file number, or transaction context where the affidavit will be used.

Affiant Identification

Full legal name, address, and relationship to the facts so the affiant can be located and verified if necessary.

Statement of Facts

Numbered, concise factual assertions written in the first person and limited to matters within the affiant’s direct knowledge.

Exhibits

References to attached documents by exhibit letter or number; exhibits must be labeled and appended to the affidavit.

Notary/Jurat

Jurat or acknowledgement language, date, notary signature and seal, and any required witness lines per jurisdictional rules.

Signature Block

Affiant signature line with printed name and date; space for witness signatures if required by the receiving authority.

Required Fields Every Texas Affidavit Should Include

Affiant Name: Full legal name
Affiant Address: Street, city, state, ZIP
Statement of Facts: Clear numbered facts
Date: MM/DD/YYYY format
Notary Block: Jurat language present
Signature: Affiant and witness lines

Step-by-Step: Completing a Texas Affidavit

Follow these sequential steps to complete, authenticate, and deliver a Texas affidavit so it meets typical legal and administrative requirements.

  • 01
    Prepare Draft: Draft numbered facts and attach exhibits; review for clarity and relevance.
  • 02
    Confirm Identity: Have government ID ready for notarization or remote identity proofing.
  • 03
    Sign and Notarize: Sign before a notary or complete a permitted RON session with recording.
  • 04
    File or Deliver: Submit to the requesting party, file with court clerk, or record per instructions.

How Electronic Completion and eSubmission Typically Works

Digital workflows for affidavits follow established steps that preserve intent, attribution, and retention required by ESIGN and state rules.

  • Upload: Sender uploads the affidavit PDF or DOCX to the e-sign platform.
  • Prepare Fields: Place signature, initial, date, and optional attachment fields.
  • Authenticate Signer: Use email link, SMS code, or stronger ID verification before signing.
  • Complete Notarization: Conduct in-person notarization or RON session where state rules allow.

Typical eSubmission Workflow Settings

Configure these settings when preparing an electronic affidavit workflow to ensure legal validity and auditability.

Field Configuration
Signature Field Required; includes timestamp and signer attribution
Date Field Auto-fill with MM/DD/YYYY format
Authentication Email + SMS code or KBA for higher assurance
Audit Trail Capture IP, timestamp, and action log

Technical Considerations for eSigning and Notarial Sessions

Electronic affidavits require a platform that supports secure signatures, notarization workflows, and verifiable audit trails.

  • File Formats: PDF and DOCX accepted
  • Integrations: Works with Salesforce and Google Workspace
  • Authentication: Supports SMS, email, and KBA

Choose a provider that documents audit trails, preserves signed copies, and supports any necessary remote notarization requirements for the jurisdiction.

eSignature Pricing and Feature Comparison for Affidavit Workflows

Basic pricing and feature differences affect cost and suitability for affidavit workflows that may require bulk sending, HIPAA protections, or no envelope caps.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies by plan Varies by plan Varies by plan

Practical Tips for Accurate and Efficient Completion

Follow these practical recommendations to reduce errors and processing delays when preparing a Texas affidavit.

Use Exact Names
Match the affiant’s full legal name to government ID and related documents to avoid identification disputes.
Number Facts
Present facts in short, numbered paragraphs and avoid legal argument or hearsay in the affiant’s narrative.
Attach Exhibits
Label and append exhibits referenced in the affidavit; include exhibit index lines in the jurat if required.
Confirm Acceptance
Verify with the receiving authority whether electronic signatures, scanned notarized copies, or RON sessions are acceptable.

Common Risks and Consequences of an Incorrect Affidavit

Rejection: Filing may be rejected
Evidentiary Challenge: Credibility issues in court
Perjury Risk: Potential criminal liability
Delay: Slowed transactions or closings
Additional Costs: Re-execution or attorney fees
Record Gaps: Missing exhibits can weaken claims

Frequently Asked Questions About the Texas Affidavit Form

Answers below cover common procedural, notarization, and electronic signing questions related to Texas affidavits.


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