Individuals then fill out a form without reading the statute and without understanding Texas intestacy law. Sec. 205.001. ENTITLEMENT TO ESTATE WITHOUT APPOINTMENT OF PERSONAL REPRESENTATIVE.This guide tells you how to use a Small Estate Affidavit to probate an estate in Texas. The first step is to file the "Petition to Set Aside without Administration" with your local probate court. Each state provides ways for a small estate to be distributed without going through the full probate process. No administration is pending or has been granted in Decedent's estate and none appears necessary (TEC§205.001(2)). When a decedent, or a person who dies, leaves a will, a proceeding must be completed in the Surrogate's Court to probate or prove the will. In such event(s), a lawsuit can be filed to set aside the trust or trust amendment and to restore the trust or property to its original form. If the court has already entered a default judgment against you, you can file a motion to set aside the default judgment in Texas with the court. In U.S. law, contesting a will or challenging estate control typically starts with filing a petition in the probate court.