Probate vs Small Estate Affidavit in Texas (Which One Actually Works?)

If you’re dealing with an inherited house in Austin or anywhere in Texas, you may be wondering whether you can avoid probate by using a Small Estate Affidavit — or if probate is still required.

This is one of the most misunderstood parts of Texas probate law, especially when real estate is involved. While a Small Estate Affidavit can sometimes transfer ownership, it often does not create the clean, insurable title required to sell a house. Many families find this out only after a deal is delayed or blocked by a title company.

In this video, Austin probate real estate agent Nate Clark explains the difference between probate and a Small Estate Affidavit in Texas, when each option works, and when probate is unavoidable.

Topics covered include:
• Probate vs Small Estate Affidavit in Texas
• When a Small Estate Affidavit can be used
• Why many Small Estate Affidavits fail in real estate sales
• Title company requirements for selling inherited property
• When probate is still required even with a small estate
• How executors and heirs choose the correct path

This video is especially helpful for:
– Executors named in a will
– Heirs trying to sell inherited property
– Families hoping to avoid probate
– Anyone asking “can I sell a house with a Small Estate Affidavit?”
– Texas probate and estate administration cases

Nate Clark is a probate-focused real estate agent in Austin, Texas who helps executors and heirs sell inherited and probate properties throughout Travis County, Williamson County, and Hays County.

If you’re unsure which option applies to your situation, you can contact Nate here:

Austin Probate Real Estate Agent
https://www.altituderealestatetx.com
512-757-7325

This channel provides educational content on Texas probate real estate, including:
– Selling inherited houses
– Executor authority
– Probate timelines
– Title issues
– Probate vs non-probate transfers