Detailed Answer

Quick summary: A Texas small estate affidavit (sometimes called an affidavit to transfer personal property) is intended to transfer certain probate personal property when the estate qualifies under Texas law. You should list only the decedent’s probate personal property (the decedent’s sole-owned interest in personal property) that is eligible under the small‑estate rules. Do not list assets that already pass by operation of law (for example, accounts or contracts with named beneficiaries, joint accounts with surviving owners, or most real estate) or assets subject to a pending administration. If you are unsure about a specific item’s status, do not put an arbitrary $0 value — instead get documentation or legal guidance before filing.

What the law covers

Texas provides a statutory method for using an affidavit to collect or transfer certain personal property of a decedent without opening full administration. See Texas Estates Code, Chapter 205 (Affidavit to Transfer Personal Property): https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm. Read the chapter carefully to confirm eligibility (limits, timing, and procedural requirements).

Which assets you should list

• Personal property solely owned by the decedent at death that is subject to collection or transfer under the small‑estate procedure (examples: household goods, personal effects, jewelry, personal vehicles owned solely by the decedent, and some bank accounts if they are not payable‑on‑death or jointly held).
• Bank or brokerage accounts that are in the decedent’s name alone and do not have a designated beneficiary or surviving co‑owner. (Banks often have their own affidavit forms or procedures and may require the statutory small‑estate affidavit plus bank forms.)
• Vehicle titles that name the decedent as sole owner — if allowed by the Texas Department of Motor Vehicles and statutes — but verify whether the DMV requires an affidavit or other documents.

Which assets you should NOT list (or should list differently)

• Assets that pass automatically to a named beneficiary or by contract (life insurance, retirement plans with designated beneficiaries, payable‑on‑death (POD) or transfer‑on‑death (TOD) accounts). These are not part of probate and should not be listed as decedent assets on a small‑estate affidavit.
• Jointly owned property with right of survivorship (joint bank accounts, joint real estate titled as joint tenancy or with survivorship). The surviving joint owner typically automatically owns the property and the decedent’s “share” is not a probate asset.
• Most real estate. A small‑estate affidavit generally does not transfer real property interests. If real estate is involved, you may need an affidavit of heirship for title companies or formal probate. Do not include real property as if it were a simple small‑estate personal asset.
• Assets already in or subject to a pending probate or administration. If someone has begun estate administration, use that process.
• Property encumbered by liens where the decedent’s net interest is unclear — disclose liens and calculate the decedent’s net interest rather than listing a misleading gross number.

How to value items on the affidavit

1. Use fair market value at the date of death for each item or account balance on that date.
2. If only the decedent’s fractional interest exists (for example, a tenant in common), list only the decedent’s share and explain how you calculated it.
3. If an item has no monetary value or the decedent had no interest (for example, jointly owned with right of survivorship), do not list a dollar value for a decedent’s interest — either omit the asset from the affidavit or show the decedent’s interest as $0 with a clear explanation (e.g., “Joint account — decedent’s survivorship interest: none”).
4. Avoid putting $0 or leaving things blank simply to get the affidavit accepted. Inaccurate affidavits can be rejected and may expose the affiant to liability under the statute for false statements.

Practical steps before you file

1. Make a complete inventory: gather account statements, title documents, insurance policies, deeds, and any contracts naming beneficiaries.
2. Confirm ownership and beneficiary designations with the institutions (banks, brokerages, insurance companies). Ask whether the asset is payable‑on‑death, has a beneficiary, or is jointly owned.
3. Check whether the total value of decedent’s qualifying assets meets the statutory small‑estate threshold and other eligibility rules in Texas Estates Code Chapter 205: https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm. If it does not qualify, you may need a different procedure.
4. Keep documentation of how you computed values, any bank or DMV responses, and the death certificate. Institutions will often request certified copies of the death certificate along with the affidavit.
5. If in doubt, consult an attorney before signing. False or incomplete affidavits can create liability for the affiant and complications for intended recipients.

Common pitfalls

• Listing assets that are not probate assets (e.g., beneficiary‑designated accounts) — this delays distributions and risks rejection.
• Failing to list encumbrances or liens — purchasers or payors will want those clarified before releasing assets.
• Under‑ or over‑valuing items without a reasonable basis — include a short note explaining estimates if you cannot get exact values.
• Attempting to transfer real property with a small‑estate affidavit — title companies typically require an affidavit of heirship or probate for real estate.

Where to find the statute and additional information

Read the Texas Estates Code chapter that governs affidavits to transfer personal property: Texas Estates Code, Chapter 205. For general probate rules, see related provisions in the Texas Estates Code: Texas Estates Code, Chapter 201.

Helpful Hints

• Start by separating probate vs non‑probate assets: beneficiary designations and survivorship pass outside probate and usually do not belong on the affidavit.
• When an asset is jointly owned, verify the title language. If survivorship is explicit, the decedent’s interest is generally not part of the small estate.
• For bank or investment accounts, call the institution and ask what documents they require to release funds under a small‑estate affidavit.
• Do not guess values. Use statements dated close to the date of death or appraisals for valuable personal property (antiques, jewelry, collectibles).
• Label any estimates clearly on the affidavit or attach a short schedule explaining assumptions (e.g., “estimate based on last statement dated MM/DD/YYYY”).
• If the estate has outstanding debts that exceed assets, do not use the small‑estate affidavit — that situation generally requires formal administration or other creditor‑handling procedures.
• If real estate is involved or ownership is contested, consult a probate attorney before filing any affidavit.

Disclaimer: This is general information and educational content about Texas procedures. It is not legal advice. For advice specific to your situation, consult a licensed Texas attorney.