Does a Small Estate Affidavit Need a Notary in Texas?

Yes, a notary is required.

Sworn before a notary by each distributee, with two disinterested witnesses.

In the official wording

"must personally appear before a Notary Public and swear to the contents of the affidavit."

From the official pages listed below, checked November 2026.

What else the signing needs

Value limit: Estate assets, not counting the homestead and exempt property, worth no more than $75,000. Only for a person who died without a will. The affidavit transfers a homestead only if it's the only real property, and then it's recorded in the deed records.
"excluding homestead and exempt property"
Waiting period: Thirty days after the death, with no petition for a personal representative pending or granted.
"30 days have elapsed since the date of the decedent's death"
Where it goes: Filed with the clerk of the court with jurisdiction; the judge may approve it.
"filed with the clerk of the court that has jurisdiction and venue of the estate"
Official form: Small Estate Affidavit (Tarrant County Probate Court). A county court's form with the order approving it; the Tarrant County filing fee is $404. Open the official form
Other simplified route: Small estate affidavit (intestate only). A court-approved affidavit; with a will, other paths such as probate as a muniment of title apply.

Next step

Sign by video with our New Jersey notary while you're in Texas, 7 AM to 9 PM Eastern, seven days a week, by appointment. New Jersey law lets a New Jersey notary notarize for a signer located in another state (N.J.S.A. 52:7-10.10). How Texas treats it: Texas allows acknowledgments taken outside Texas by a notary of that place (Civ. Prac. & Rem. Code §121.001). How Texas treats another state's online notarization isn't spelled out, so confirm with whoever receives the document. More on Texas signers.

Handling an estate from far away? Estate paperwork help near where the estate is.

Ask the bank, holder or court that will receive the affidavit whether it accepts an electronically notarized one.

Notarize it online ($50 per session) Request a mobile notary in Texas

Booking sends a request; we confirm the time and the price before you pay.

In person, we look for a notary commissioned in Texas near you; you approve the price first.

If a local notary in Texas does it: Acknowledgments or proofs of instruments for registration, including certificate and seal, $10; Administering oaths or affirmations, including certificate and seal, $10, under the state's fee rules (Texas notary fees).

Get it notarized online today

Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email

A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment.

What you need

A valid government photo ID
A computer or phone with a camera
The unsigned document

Book an online session

Our certificate states the act was performed using communication technology, as New Jersey law requires. What it must say

Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. What to ask them · Several signers

Official sources

Texas Estates Code chapter 205, Small estate affidavit (Texas Legislature) (checked November 2026)
Tarrant County Probate Court: Small Estate Affidavit form (April 3, 2025) (PDF) (checked November 2026)

We are not lawyers, and this is general information, not legal advice. Checked November 2026. Rules change, and whoever receives the document decides what it accepts; we can't guarantee acceptance.

Common questions

Is a notary required for a Texas small estate affidavit?

Yes, a notary is required. Sworn before a notary by each distributee, with two disinterested witnesses.

What is the small estate limit in Texas?

Estate assets, not counting the homestead and exempt property, worth no more than $75,000. Only for a person who died without a will. The affidavit transfers a homestead only if it's the only real property, and then it's recorded in the deed records.

How long after a death can the Texas affidavit be used?

Thirty days after the death, with no petition for a personal representative pending or granted.

Is the Texas affidavit filed with a court?

Filed with the clerk of the court with jurisdiction; the judge may approve it.

Can I sign the Texas affidavit with an online notary?

Our New Jersey notary can notarize it by video while you're in Texas. Texas allows acknowledgments taken outside Texas by a notary of that place (Civ. Prac. & Rem. Code §121.001). How Texas treats another state's online notarization isn't spelled out, so confirm with whoever receives the document. Ask the bank, holder or court that will receive it whether it accepts an electronically notarized affidavit.

What does a notary charge in Texas?

$10 for acknowledgments, oaths and most other acts, under the state's fee rules. A mobile notary may add a travel fee; ask for the total first.

Keep going

A small estate affidavit in another state: Tennessee · Utah · every state

Does a small estate affidavit need a notary in Texas?