WHAT IS THE PROBATE PROCEDURE FOR SMALL ESTATES?
The Texas Probate Code currently establishes three procedures for settling small estates. First, if the value of the estate, exclusive of homestead and exempt property, does not exceed $50,000, the distributees of the estate may collect the estate on affidavit without awaiting the appointment of a personal representative. Second, the distributees of an estate may apply for an order that no administration is necessary. This application may be filed if the value of the estate’s assets, excluding the homestead and exempt property, does not exceed the amount to which the surviving spouse and minor children of the decedent are entitled as a family allowance. Third, after the appointment of a personal representative, the representative may apply to summarily withdraw the estate from administration. Withdrawal is permitted if the value of the estate, exclusive of the homestead property, exempt property, and family allowance, does not exceed an amount sufficient to pay estate creditors whose c
