What Is an Affidavit of Heirship?

You've probably landed here because a title company mentioned something you'd never heard of, an attorney used a term that didn't quite register, or you're trying to figure out how to sell a house your family inherited. Whatever brought you here, you're asking the right question.

An affidavit of heirship is one of those legal tools that most people never hear about—until they desperately need it. It's the document that can unlock a property stuck in limbo after someone dies without a will. And in Texas, it's often the fastest, most affordable path forward.

This guide will explain exactly what an affidavit of heirship is, when you need one, how it works in Texas, and how it compares to other options. We'll keep the legal jargon to a minimum and focus on what actually matters to you.

If you're dealing with inherited property and feeling overwhelmed, take a breath. This is more straightforward than it might seem.

Note: This article provides general information about Texas law and is not legal advice. Every situation is different, and you should consult with a qualified attorney for guidance on your specific circumstances.

What Is an Affidavit of Heirship? (The Simple Answer)

Here's the situation it solves: Someone passes away. They owned property—maybe a house, maybe land. They didn't leave a will. Now the family needs to sell the property or transfer ownership, but there's a problem: the deed still shows the deceased person as the owner.

A buyer or title company won't accept a deed signed by someone who isn't legally recognized as the owner. So how do you prove that you—the heir—have the right to this property?

That's where the affidavit of heirship comes in. It's a formal, sworn statement that says: "Here's who died. Here's their family history. Here are the people who inherit under Texas law." Once recorded in the county property records, it creates a chain of title from the deceased owner to the heirs.

Think of it as a bridge. The property was stuck on one side (owned by someone who's gone). The affidavit of heirship is the bridge that allows it to cross over to the heirs who can actually do something with it.

When Do You Need an Affidavit of Heirship?

You typically need an affidavit of heirship when all of these conditions are true:

• Someone has passed away
• They owned real property (a house, land, mineral rights)
• They did not leave a valid will—or the will wasn't probated
• You need to transfer, sell, refinance, or clear the title to that property

The most common scenario? A title company tells you they need one before they can close on a sale. They've done a title search, discovered that the owner is deceased, and need legal documentation showing who inherited the property.

Common Situations Where Affidavits of Heirship Are Used

Selling inherited property: You've inherited your parent's house and want to sell it. The title company needs proof that you're the rightful owner before they'll insure the transaction.

Refinancing a home: You inherited a property with an existing mortgage. To refinance into your name, the lender needs documentation of your ownership.

Adding yourself to the deed: The property is still titled in your deceased parent's name. You need to record your ownership even if you're not selling.

Clearing "clouded" title: Maybe a grandparent died decades ago and no one ever handled the paperwork. Now the title is a mess, and an affidavit can help untangle it.

Missed the probate deadline: In Texas, wills must be probated within four years of death. If that window has closed, an affidavit of heirship may be the only option.

What About Vehicles and Bank Accounts?

In Texas, affidavits of heirship can also be used to transfer vehicles. The Texas DMV has a specific form ( Form VTR-262) for this purpose.

Bank accounts are a different story. Most banks and financial institutions will not accept an affidavit of heirship. They typically require a court order or formal probate. If the estate includes significant financial assets, you may need a different approach—like a small estate affidavit (if the estate qualifies) or a determination of heirship proceeding.

How Does an Affidavit of Heirship Work?

An affidavit of heirship works by creating a sworn, public record of who inherits property under Texas intestate succession laws. Here's what happens:

1. Information is gathered about the deceased person's family history, marriages, children, and heirs
2. The affidavit is prepared as a formal legal document stating these facts
3. Witnesses with personal knowledge (ideally people who knew the deceased's family) sign the document
4. All signatures are notarized
5. An attorney reviews the document to ensure it meets legal requirements
6. The affidavit is recorded with the county clerk where the property is located

Once recorded, the affidavit becomes part of the public property records. It creates evidence of who inherited the property—which is what title companies need to insure a transaction.

Important to understand: An affidavit of heirship doesn't transfer title by itself. It establishes who the heirs are. The heirs then execute a deed to transfer the property to a buyer (or to themselves, if they want the deed in their name).

How Long Does It Take?

In Texas, an affidavit of heirship can typically be completed in two to three weeks for straightforward cases. More complex family situations may take longer if additional research is needed.

Compare that to formal probate, which often takes several months to over a year—and you'll see why affidavits of heirship are popular when they're appropriate for the situation.

The Five-Year Rule

Here's something most people don't know: under Texas Estates Code § 203.001, an affidavit of heirship that has been on file for five years or more becomes "prima facie evidence" of the facts it contains.

In plain English: after five years, courts will presume the affidavit is accurate unless someone proves otherwise. Before five years, title companies may require additional documentation or underwriting review—but most still accept properly prepared affidavits for transactions.

Texas Affidavit of Heirship Requirements

Texas is considered one of the most favorable states for affidavits of heirship. Why? Because Texas allows them to be used for real property of any value, requires no court involvement, and has no mandatory waiting period after death.

That said, there are specific requirements you need to meet—both what the law requires and what title companies expect.

What Must Be Included in a Texas Affidavit of Heirship

The Texas Estates Code § 203.002 provides a recommended form. While the exact format isn't mandatory, the affidavit should include:

• The affiant's name, address, and relationship to the deceased
• How long the affiant knew the deceased and their family
• Date and place of death
• Decedent's residence at the time of death
• Complete marital history (all marriages, divorces, spouse deaths)
• Names of all children (living and deceased)
• Whether any spouse or child is from a prior relationship
• Names of decedent's surviving parents (if applicable)
• Names of siblings (if they would inherit)
• Statement about whether the estate has been administered
• Statement about debts
• Description of the real property involved
• Identity of the heirs and their inheritance shares

Title companies typically also require a death certificate, a perjury/fraud warning clause, and signatures from all adult heirs who are taking title.

Where to File

The affidavit must be recorded with the County Clerk in the county where the property is located. If property is in multiple counties, you'll need to record it in each one.

Recording fees in Texas are typically $50–$75 total (around $25 for the first page, $4 for each additional page, plus indexing fees).

Who Signs an Affidavit of Heirship?

One of the most confusing aspects of affidavits of heirship is figuring out who needs to sign. There are actually several different roles involved.

The Affiant (Primary Witness)

The affiant is the person making the sworn statement. This should be someone with personal knowledge of the deceased person's family history—who they were married to, who their children are, and so on.

Ideally, the affiant is:

• A family member who does not inherit (so they're "disinterested")
• Someone who knew the deceased for many years
• If no disinterested family member is available: a close family friend with long-term knowledge
• As a last resort: an heir can serve as affiant, though this is less ideal

Disinterested Witnesses

This is where many affidavits run into trouble. While the Texas statute doesn't explicitly require disinterested witnesses, title companies do.

A "disinterested witness" is someone who:

• Receives no financial benefit from the estate
• Is not an heir and is not married to an heir
• Has personal knowledge of the family history
• Knew the deceased for at least 10 years (typical title company requirement)

Most title companies require at least two disinterested witnesses. Three is even better.

Good candidates include: longtime family friends, neighbors who knew the family well, church members, former business associates, or distant relatives who aren't inheriting.

The Heirs

Many title companies require all adult heirs who are taking title to also sign the affidavit. This confirms they agree with the facts stated and reduces the risk of later disputes.

Notarization

All signatures must be notarized. Without valid notarization, the affidavit has no legal weight. Signers don't all need to appear before the same notary or at the same time.

How Other States Compare to Texas

If you're dealing with property in another state—or just curious how Texas stacks up—here's how affidavits of heirship work across the country.

The short version: Texas has one of the most favorable frameworks. Most other states either require court involvement, impose value limits, or exclude real property entirely.

If you're in Texas, you're fortunate. The combination of no court requirement, no value limit, and acceptance for real property makes the Texas process significantly simpler than most states.

Affidavit of Heirship vs. Other Options

An affidavit of heirship isn't always the right tool. Here's how it compares to other ways of handling an estate in Texas.

Affidavit of Heirship vs. Probate

Full probate is the court-supervised process of administering an estate—paying debts, distributing assets, and formally transferring property. It's comprehensive but also expensive, time-consuming, and public. For a detailed breakdown, see our guide to probate vs. affidavit of heirship.

Use an affidavit of heirship when: The main asset is real property, heirs are known and agree, there are no major debts, and you want to avoid court.

Affidavit of Heirship vs. Small Estate Affidavit

Both documents share a similar name, but they're quite different.

A small estate affidavit ( Texas Estates Code Chapter 205) is used when the total estate value is $75,000 or less (excluding homestead and exempt property). It must be filed at least 30 days after death and requires court approval—a judge must sign off.

An affidavit of heirship has no value limit, no waiting period, and no court involvement. But it's primarily for real property and won't help you access bank accounts.

Key distinction: Small estate affidavits can help you collect bank accounts and other assets. Affidavits of heirship are designed for transferring real property.

Affidavit of Heirship vs. Determination of Heirship

A determination of heirship ( Texas Estates Code Chapter 202) is a formal court proceeding where a judge determines who the legal heirs are. The court appoints an attorney ad litem, notice is published in a newspaper, and a hearing is held.

The result is a binding court order—much stronger legal proof than an affidavit of heirship, which creates only a rebuttable presumption.

When you need a determination of heirship instead:

• Heirs disagree about who should inherit
• Family situation is complex or contested
• Financial institutions require court proof
• Title company won't accept an affidavit
• Unknown or unlocatable heirs exist

What About Muniment of Title?

If the person did leave a will, a muniment of title ( Texas Estates Code Chapter 257) may be the simplest option. It's a streamlined probate process that admits the will as proof of ownership—without appointing an executor or administrator.

Key requirement: The estate must have no unpaid debts (other than secured debts like a mortgage). If there are unsecured debts, muniment of title won't work.

Common Mistakes That Get Affidavits Rejected

An affidavit of heirship is only useful if title companies will accept it. Here are the most common reasons they get rejected—and how to avoid them.

Using interested witnesses. This is the number one reason for rejection. If your witnesses are heirs (or married to heirs), title companies will likely refuse the affidavit. Always use truly disinterested witnesses.

Witnesses who didn't know the deceased long enough. Most title companies require witnesses who knew the deceased for at least 10 years. A neighbor who moved in last year won't work.

Incomplete or inaccurate family history. Missing a marriage, divorce, or child can create title problems down the road. Thoroughness matters.

Missing signatures from adult heirs. If three siblings inherit, but only two sign the affidavit, it may be rejected. All adult heirs taking title should execute the document.

Improper notarization. Every signature needs to be properly notarized. Remote online notarization is available in Texas, which can help when signers are in different locations.

Missing death certificate. Title companies almost always require a certified copy of the death certificate as supporting documentation.

Wrong property description. The legal description of the property must match exactly what's in the deed records. Street addresses aren't enough.

Missing perjury clause. Texas title companies require specific language warning signers about penalties for false statements.

Frequently Asked Questions

How much does an affidavit of heirship cost in Texas?

Professional preparation typically costs $400–$1,100, including attorney review and recording fees. Compare that to full probate, which often costs $3,500–$10,000 or more.

Does an affidavit of heirship avoid probate?

Yes, for real property. An affidavit of heirship allows you to establish ownership and transfer real property without going through formal probate court. However, it doesn't help with bank accounts or other assets that typically require court orders.

How long after death can you file an affidavit of heirship in Texas?

Texas has no statutory waiting period or deadline. You can file an affidavit of heirship immediately after death or decades later. However, some title companies prefer the deceased to have died at least six months prior—this varies by underwriter.

Can an affidavit of heirship be contested?

Yes. An affidavit of heirship creates a rebuttable presumption of the facts it contains—not a conclusive determination. An omitted heir or someone who disagrees with the stated facts can challenge it. This is different from a court determination of heirship, which is a binding court order.

Can I prepare an affidavit of heirship myself?

Technically, yes. Texas doesn't require attorney involvement. However, DIY affidavits frequently get rejected by title companies due to missing elements, improper witnesses, or other errors. Given the relatively low cost of professional preparation, most people find it's not worth the risk.

What if one of the heirs can't be found?

This is a significant complication. If an heir is missing or unlocatable, a standard affidavit of heirship may not be sufficient. You may need a court determination of heirship instead, which has procedures for serving unknown heirs through publication.

Will a title company always accept an affidavit of heirship?

No. Title companies have discretion. They're more likely to accept affidavits for homestead property (which has extra statutory protection under § 205.006), when the deceased died more than five years ago, when the family situation is straightforward, and when the affidavit is professionally prepared with proper disinterested witnesses.

Taking the Next Step

If you've read this far, you're probably dealing with a real situation—not just casual curiosity. Maybe you've inherited property and can't figure out how to sell it. Maybe a title company just told you they need documentation you've never heard of. Maybe you're just trying to understand your options.

Here's the good news: for many Texas families, an affidavit of heirship is the simplest, fastest, and most affordable way forward. It can take a property that's been stuck in legal limbo and make it transferable—often in just a couple of weeks.

The key is getting it right the first time. Finding the right disinterested witnesses, gathering accurate family history, and meeting title company requirements all matter. Mistakes don't just cause delays—they can create problems that follow the property for years.

If you're not sure whether an affidavit of heirship is right for your situation—or you just want someone to handle the details so you don't have to—that's exactly what we do.

For more information about Texas heirship law, visit the Texas Estates Code Chapter 203 on the Texas Legislature website or the Texas Law Help guide to affidavits of heirship.