The distributees of the estate of a decedent who dies intestate are entitled to the decedent's estate without waiting for the appointment of a personal representative of the estate to the extent the estate assets, excluding homestead and exempt property, exceed the known liabilities of the estate, excluding any liabilities secured by homestead and exempt property, if:

1. (1) 30 days have elapsed since the date of the decedent's death;
2. (2) no petition for the appointment of a personal representative is pending or has been granted;
3. (3) the value of the estate assets on the date of the affidavit described by Subdivision (4), excluding homestead and exempt property, does not exceed $75,000;
4. (4) an affidavit that meets the requirements of Section 205.002 is filed with the clerk of the court that has jurisdiction and venue of the estate;
5. (5) the judge approves the affidavit as provided by Section 205.003; and
6. (6) the distributees comply with Section 205.004.

Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec. 1, eff. January 1, 2014.

Acts 2017, 85th Leg., R.S., Ch. 844 (H.B. 2271), Sec. 12, eff. September 1, 2017.