Small Estate Rules in Texas, Florida, and New York (2026)

Small estate rules in Texas, Florida, and New York can let families settle certain estates with shorter court processes, but each state uses different caps and filing rules. Texas uses a Small Estate Affidavit, Florida has Summary Administration and Disposition Without Administration, and New York uses Voluntary Administration under SCPA Article 13.

This guide summarizes the statutes, thresholds, timing rules, filing mechanics, county examples, and form names from the source material, current as of October 9, 2025. It is general information for families working through an estate settlement, not legal advice. Always confirm current requirements with the local clerk or a probate attorney before filing.

Quick comparison of the small estate paths

State and pathway	Core eligibility threshold	Timing or waiting rules	Real property treatment	Typical filer and fee notes
Texas Small Estate Affidavit, Estates Code ch. 205	Estate assets must be $75,000 or less, excluding homestead and exempt property. Intestate only. Assets, excluding homestead and exempt property, must exceed known liabilities, excluding homestead and exempt property.	File 30 days or more after death. No personal representative may be pending or appointed. Judge approval required.	Title to homestead may be transferred by SEA only if it is the estate's only real property. The affidavit must be recorded in county deed records.	Signed by all distributees with capacity and two disinterested witnesses. County filing fees and forms vary.
Florida Summary Administration, F.S. 735.201	Estate subject to administration must be $75,000 or less, excluding exempt property, or the decedent must have been deceased for more than 2 years.	No universal waiting period. The 2-year mark removes creditor claim exposure.	Can include real property. Distribution is ordered by the court.	Petition by any beneficiary or nominated personal representative. Filing fees are set by county.
Florida Disposition Without Administration, F.S. 735.301	Only exempt personal property plus non-exempt personal property not exceeding preferred funeral expenses plus last 60 days' medical and hospital expenses.	Informal application by affidavit or letter. No statutory delay listed in the source.	Personal property only. No real property.	Often filed pro se through the clerk. County sets the flat fee.
New York Voluntary Administration, SCPA Article 13	Personal property of $50,000 or less, excluding EPTL 5-3.1 exempt property. Available with or without a will.	No statutory waiting period after death.	Not available for solely owned real property. Joint real property is handled outside the proceeding. Co-op shares are personal property.	Voluntary Administrator appointed. $1 filing fee statewide. County practices and e-filing options vary.

The source update also notes that Sunset has a 50-state small-estate directory for current caps, wait periods, and real-property rules. Use this article for deeper detail on Texas, Florida, and New York, then check the directory or your local clerk for any other state.

One related California note from the source: the California small-estate affidavit cap adjusts every three years for inflation under Cal. Prob. Code §13101, with §890 also referenced. Verify the current dollar amount with the statute or your local clerk. The next triennial adjustment occurs in 2025.

For a broader overview of affidavit-based procedures, see Sunset's guide to small estate affidavits. If you are handling a New York estate, Sunset also has a separate guide to New York Voluntary Administration. For California, see the guide to California Probate Code 13100.

Texas Small Estate Affidavit

Texas calls its small-estate procedure a Small Estate Affidavit, often shortened to SEA. It is available only when the decedent died without a will.

Texas statutory basis and threshold

Texas Estates Code §205.001 says the Texas Small Estate Affidavit may be used only if all of the following are true:

• The decedent died intestate, meaning without a will.
• The value of estate assets, excluding homestead and exempt property, does not exceed $75,000.
• Estate assets, excluding homestead and exempt property, exceed known liabilities, excluding liabilities secured by homestead and exempt property.
• At least 30 days have elapsed since death.
• No personal representative, often called a PR, is pending or appointed.
• A judge approves the affidavit.

Texas Estates Code §205.002 requires the affidavit to be sworn by all distributees with capacity and by two disinterested witnesses. The affidavit must list all known assets and liabilities, identify exempt assets, and provide heirship facts.

Texas Estates Code §205.006 covers homestead transfers. If the homestead is the estate's only real property, a Small Estate Affidavit can transfer homestead title. The approved affidavit must be recorded in the deed records of any county where the homestead sits.

Texas Estates Code §§205.008 to 205.009 add two limits families should know. A Small Estate Affidavit does not affect disposition under a will and, except for §205.006, it does not transfer title to real property. References to homestead and exempt property align with Texas Estates Code §353.051.

Texas eligibility checklist

Before spending time on a Texas SEA, families usually check these points first:

• No will exists.
• Total non-exempt, non-homestead assets are $75,000 or less.
• Known non-exempt assets exceed known non-exempt liabilities.
• At least 30 days have passed since death.
• No PR is pending or appointed.
• All distributees with capacity can sign.
• Two disinterested witnesses are available.

Texas county practice examples

County practice can matter as much as the statute. The source lists these examples as illustrative, and families should confirm current rules before filing.

• Dallas County Clerk, Probate: requires 30 days since death. The SEA must be signed and notarized with two disinterested witnesses. 2025 clerk guidance shows an SEA filing fee of approximately $360. Local practice stresses complete intake filings to avoid rejection.
• Travis County: attorneys must e-file. Pro se filers may e-file or file in person. The clerk lists a Small Estate Affidavit filing line item of about $360 and posts probate e-filing instructions and menus. Hearings and scheduling are handled through the Probate Court site. Confirm current local rules before submission.
• Bexar County, San Antonio: publishes a Small Estate Affidavit form on the Probate Courts Orders & Forms page and highlights pro se availability for SEA. The County Clerk's Probate Division provides filing logistics and maintains self-help and clinic references for low-income filers.
• Harris County: publishes an Affidavit of Distributees / Small Estate with Judge's Order of Approval among downloadable probate forms. Clerk and probate courts may require local formatting and supporting attachments.

Useful documents often include certified death certificates, heirship details, an asset and liability schedule, and proof tied to the listed assets and debts. If the SEA is being used to clear homestead title, record the court-approved SEA in the county deed records after approval.

Common Texas mistakes

Common problems include filing a Small Estate Affidavit when a will exists, crossing the $75,000 cap once non-exempt assets are counted, missing distributee signatures, failing to include two disinterested witnesses, or forgetting to record the approved affidavit when using it to transfer the homestead.

Texas citations from the source: Texas Estates Code §§205.001 to 205.009 and §353.051.

Florida Summary Administration and Disposition Without Administration

Florida has two small-estate paths in the source: Summary Administration under Florida Statutes §735.201 and Disposition Without Administration under Florida Statutes §735.301. They serve different situations.

Florida Summary Administration

Summary Administration is a court proceeding. It may be used when the value of the entire estate subject to administration in Florida, less exempt property, does not exceed $75,000. It may also be used for any amount if the decedent has been dead for more than 2 years. The source notes that the 2-year mark eliminates creditor claim exposure.

Summary Administration may be used with or without a will unless the will directs full administration under chapter 733. A personal representative is not appointed. The court enters an order directing distribution to the people entitled to receive the property.

Typical filings listed in the source include:

• Petition for Summary Administration
• Proposed order
• Creditor proof or notice, when applicable
• Death certificate
• Will, if any

Florida Summary Administration can include real property. That is one reason it is different from Disposition Without Administration.

Florida Disposition Without Administration

Disposition Without Administration is more limited. Under Florida Statutes §735.301, it applies when the decedent leaves only exempt personal property, using §732.402 and Florida Constitution exemptions, plus non-exempt personal property whose value does not exceed the sum of preferred funeral expenses and reasonable and necessary medical and hospital expenses from the last 60 days of the final illness.

Any interested party applies informally by affidavit or letter. If satisfied, the court authorizes payment or transfer of the decedent's personal property to pay the qualifying expenses or to those entitled. The authorization protects payors who rely on it.

Disposition Without Administration is not for real property. It is also not for general distribution outside the statutory limits.

Florida county fee examples

The source gives these county fee examples, which should be confirmed locally before filing.

County	Summary Administration under $1,000	Summary Administration $1,000 or more	Disposition Without Administration	Other fee note
Miami-Dade	$236	$346	$232	Confirm locally before filing.
Broward, 17th Circuit	$236	$346	$232	Opening an estate with no Letters or summary order is $232.

Choosing between the Florida paths

Disposition Without Administration may fit when the assets are minimal and are needed only to pay allowable final expenses, with the remaining property otherwise exempt. It is often handled through the clerk by pro se filers.

Summary Administration may fit when the estate is $75,000 or less, excluding exemptions, or when the decedent has been deceased for more than 2 years. It is also the Florida path listed in the source for directing distribution of assets, including Florida real property, without appointing a PR.

Common Florida mistakes

Common problems include misclassifying exempt and non-exempt property when calculating the Summary Administration threshold, trying to use Disposition Without Administration when non-exempt personal property is above the eligible expense limits, or trying to use Disposition Without Administration when real property administration is required.

Florida citations from the source: Florida Statutes §§735.201 to 735.2063 for Summary Administration, §§735.301 to 735.304 for Disposition Without Administration, and §732.402 for exempt property.

New York Voluntary Administration under SCPA Article 13

New York's small-estate process is called Voluntary Administration. It is governed by SCPA Article 13 and applies to certain estates made up of personal property.

New York statutory basis and threshold

SCPA §1301(1) defines a small estate as personal property with a gross value of $50,000 or less, exclusive of property set off under EPTL 5-3.1(a). The source notes that this can apply to domiciliary or non-domiciliary decedents with property in New York.

Voluntary Administration is available with or without a will. A Voluntary Administrator is appointed. The statewide filing fee is $1 under SCPA §1304(4).

Solely owned real property is outside Article 13. Jointly held real estate is handled outside the Voluntary Administration proceeding. Co-op shares are treated as personal property in New York and may be handled within Voluntary Administration.

There is no statutory waiting period after death to start an Article 13 proceeding under SCPA §1304(1).

Who may serve in New York

If there is a will, the nominated executor usually applies as Voluntary Administrator. If that person does not apply, priority passes under SCPA §1303.

If there is no will, the closest distributee may apply, using the priority order in SCPA §1303.

The filer submits the Affidavit of Voluntary Administration and a certified death certificate in the Surrogate's Court of the decedent's domicile. The clerk issues short certificates for each asset listed. Those certificates show authority to collect and distribute the listed assets.

New York county practice examples

The source lists New York County, in New York City, as one example. The New York County Surrogate's Court Small Estates/Voluntary Administration unit provides checklists and accepts filings in person, by mail, and through NYSCEF. It also expressly excludes authority to sue for wrongful death or personal injury and to administer real property.

Statewide, NY Courts CourtHelp offers Small Estate guidance, and a DIY program walks filers through the Article 13 affidavit and instructions.

Common New York mistakes

Common problems include counting EPTL 5-3.1 spousal or minor child exemptions toward the $50,000 cap, trying to administer solely owned real property through Voluntary Administration, or leaving assets off the affidavit. Short certificates are issued only for listed assets.

New York citations from the source: SCPA §§1301 to 1306, SCPA §1304 for the fee, and EPTL 5-3.1 for exempt property. Practice resources include NY Courts CourtHelp Small Estate and county Small Estates Departments.

Forms and attachments clerks often expect

Each state and county can use different labels. The source lists the following form names and attachment patterns by pathway.

Texas Small Estate Affidavit forms

Common titles include Small Estate Affidavit, Affidavit of Distributees / Small Estate with Judge's Order of Approval in Harris County, and county SEA forms in places such as Bexar and Dallas.

Core fields usually include the decedent's identity, date and place of death, marital and family facts, heirship facts, a complete asset and liability inventory, exemptions, confirmation that no PR is pending, distributee signatures, two disinterested witness affidavits, and a proposed order if required locally.

Common attachments include a certified death certificate, supporting proof for assets and liabilities, identification for signers, and post-approval recordation if the homestead is being transferred.

Florida Summary Administration forms

Common titles include Petition for Summary Administration, Proposed Order of Summary Administration, Notice to Creditors when applicable, and inventory or valuation schedules.

Common attachments include a certified death certificate, the original will if any, consents or waivers from beneficiaries, creditor statements or resolutions, or a 2-year rule statement.

Florida Disposition Without Administration forms

Common titles include Disposition of Personal Property Without Administration Verified Statement or Affidavit. Some counties also require a clerk cover sheet.

Common attachments include itemized funeral invoices or receipts, medical or hospital bills from the last 60 days, asset statements showing the amounts to be released, and a certified death certificate.

New York Voluntary Administration forms

Common titles include Affidavit in Relation to Settlement of Estate Under Article 13, Small Estate, small-estate checklists, and requests for short certificates.

Common attachments include a certified death certificate, the original will if any, an asset list with values and payors, heirship or beneficiary details, and address and relationship information for distributees and beneficiaries.

Start with assets and liabilities before choosing a path

Small-estate eligibility depends on what the decedent owned, how each asset was titled, which debts are counted, and which exemptions apply. Before filing, gather bank statements, investment statements, insurance information, retirement account records, vehicle titles, deeds, business records, creditor notices, funeral bills, and medical bills.

This matters because the court path may change after the numbers are known. A Texas estate can fall outside the SEA cap if non-exempt assets are higher than expected. A Florida estate may qualify for Summary Administration but not Disposition Without Administration. A New York estate may be under $50,000 for personal property, but a solely owned home cannot be handled through Article 13.

If you are still trying to identify accounts and property, Sunset's guide on how probate actually works explains why courts, banks, and beneficiaries often need a clear inventory before assets can move.

How Sunset can help with small-estate filings

Sunset helps families start with asset discovery, then match the estate to the right paperwork path. Sunset searches 2,300+ financial institutions to find accounts and assets, including bank, investment, insurance, retirement, property, vehicle, and business records. The source notes that most families locate assets and liabilities within a business day to a week using Sunset.

Sunset also generates state- and county-specific probate packets for all 50 states and 3,000+ counties, including SEA packets, Summary Administration petitions, and New York Article 13 affidavits, with e-notarization where allowed. When counsel is needed, Sunset refers families to a local probate attorney.

Once orders or authorizations issue, Sunset can help with safe consolidation and disbursement through an FDIC-insured estate account, with coverage described in the source as up to $3 million. Sunset's family product is funded through our bank partnership. The estate does not pay Sunset, and all assets go to the beneficiaries and heirs.

The source also references SOC 2 Type II, identity and fraud controls, and Sunset's ability to act under limited power of attorney for discovery and closures where authorized. See Sunset's How it works, Terms of Use, and Privacy Policy pages for current product details.

Practical small-estate checklists

These checklists are a starting point, not a substitute for clerk review or legal advice.

Texas SEA quick checklist

• The decedent died intestate.
• At least 30 days have passed since death.
• No PR is pending or appointed.
• Non-exempt, non-homestead assets are $75,000 or less.
• Non-exempt, non-homestead assets exceed non-exempt liabilities.
• All distributees with capacity are ready to sign.
• Two disinterested witnesses are available.
• The asset and liability schedule is complete.
• Exempt property is identified.
• A death certificate is attached.
• If the homestead is the only real property, there is a plan to record the approved affidavit in deed records.

Florida selection quick checklist

• If assets are needed only to pay funeral bills or last-illness bills and the remaining property is otherwise exempt, review Disposition Without Administration under §735.301.
• If the estate is $75,000 or less, excluding exemptions, review Summary Administration under §735.201.
• If the decedent has been deceased for more than 2 years, review Summary Administration under §735.201.
• If Florida real property must be distributed, Disposition Without Administration is not the listed path in the source.

New York VA quick checklist

• Personal property is $50,000 or less.
• EPTL 5-3.1 exempt property is excluded from that count.
• There is no solely owned New York real property to administer through Article 13.
• The eligible filer is identified, either the executor named in a will or the closest distributee.
• The Article 13 affidavit and asset list are prepared.
• The certified death certificate is ready.
• The $1 fee is available.
• Short certificates are requested for each listed asset.

FAQ

What is the small estate limit in Texas?

For a Texas Small Estate Affidavit under Estates Code ch. 205, estate assets must be $75,000 or less, excluding homestead and exempt property. The decedent must have died intestate, at least 30 days must have passed, no PR may be pending or appointed, and the judge must approve the affidavit.

Which Florida small estate process should I use?

Florida Summary Administration under F.S. 735.201 is for estates of $75,000 or less, excluding exempt property, or for estates of any amount when the decedent has been dead for more than 2 years. Disposition Without Administration under F.S. 735.301 is narrower and is used for exempt personal property plus limited non-exempt personal property tied to preferred funeral expenses and last 60 days' medical or hospital expenses.

Can New York Voluntary Administration transfer real estate?

New York Voluntary Administration under SCPA Article 13 is not available for solely owned real property. Jointly held real estate is handled outside the proceeding. Co-op shares are treated as personal property in New York and may be handled within Voluntary Administration.

Do small estate procedures require a lawyer?

Some families file pro se, and the source notes pro se availability in places such as Bexar County for Texas SEA and clerk-based filing patterns for Florida Disposition Without Administration. Other situations may need counsel, especially if there are disputes, unclear heirs, real property, creditor issues, or questions about exemptions. Sunset can refer families to a local probate attorney when counsel is needed.

Are these small estate rules legal advice?

No. This article summarizes statutes, filing patterns, county examples, forms, and fees from the source material. Eligibility depends on the facts of the estate, and statutes, court forms, and clerk practices can change. Confirm with the governing statute and the local clerk before filing.

Sunset has helped 15,000+ families settle estates. If you need help finding assets, preparing probate paperwork, setting up an FDIC-insured estate account, or transferring assets to beneficiaries and heirs, Sunset can help.