An SEA should be filed in the county where Decedent resided if Decedent had a domicile or fixed place of residence in Texas. How to File a Small Estate Affidavit?In general, Texas has very few official legal forms. You can use the small estate affidavit to transfer real property to a surviving spouse and surviving minor children. The signed and notarized Affidavit of Death should be filed in the property records in the county where the deceased owner's property is located. The form is asking for the date and location in the record of where your deed was recorded, and that information will be found on your deed. Surviving Spouse must have been legally married to the decedent at the time of death. The homestead for the use and benefit of a surviving spouse and minor children. Typically, states make a surviving spouse or registered domestic partner their first choice. The Texas Estates Code sets out a specific order of priority for distributing a deceased person's estate when there is no will.