In Texas, when someone passes away without a will, their family members might face difficulties transferring property ownership. One of the most efficient ways to handle this situation is through an affidavit of heirship. This legal document provides a simplified process to transfer real property, allowing heirs to claim their rightful inheritance without going through the formal probate process. However, understanding how the affidavit of heirship works, and when it's applicable, is crucial to ensuring that the property is transferred correctly and lawfully.

In this article, we’ll guide you through everything you need to know about filing an affidavit of heirship in Texas, from its requirements to the filing process. We'll also explain why legal assistance is essential for ensuring a smooth transfer of ownership.

What Is an Affidavit of Heirship in Texas?

When a person passes away without leaving a will, a legal document known as an affidavit of heirship is used to determine who their legitimate heirs are. It’s commonly used to transfer real property, such as homes or land, that belonged to the decedent. The affidavit serves as proof of the decedent’s family and marital history, confirming who is entitled to inherit the property.



This document is typically used when the deceased person died intestate (without a will), and their estate consists mainly of real property. The heirs use the affidavit to claim their inheritance without having to go through probate court, which can be time-consuming and expensive. The affidavit must be filed with the county clerk's office in the county where the decedent owned real estate.

When Is an Affidavit of Heirship Needed?

You may need to file an affidavit of heirship if:

• The deceased person did not leave a will.
• The estate consists primarily of real property.
• The heirs wish to avoid the probate process.
• There are no disputes among the legal heirs.

In these cases, the affidavit of heirship simplifies the transfer of property ownership by bypassing probate court, provided all heirs agree and sign the document.

How to File an Affidavit of Heirship in Texas

Filing an affidavit of heirship in Texas involves several steps to ensure that the process is legally valid. Below are the key steps in filing the affidavit:

1. Prepare the Affidavit The first step is drafting the affidavit. It must include the decedent’s family history, marital status, and information about the decedent’s estate. You will also need to include the names of the decedent’s heirs and their relationship to the deceased person.
2. Obtain Two Disinterested Witnesses Texas law requires that two disinterested witnesses sign the affidavit. These witnesses should have personal knowledge of the decedent’s family history but should not have any financial interest in the estate.
3. File the Affidavit with the County Clerk Once the affidavit is completed and signed by witnesses, it must be filed with the county clerk’s office in the county where the decedent owned property. The county clerk will record the affidavit in the deed records.
4. Pay Filing Fees Each county in Texas has specific filing fees for recording an affidavit of heirship. These fees can vary, so it’s essential to check with the county clerk’s office where the property is located.
5. Submit the Affidavit to the Title Company If you plan to sell the deceased person’s property, a title company may require a copy of the recorded affidavit. This helps confirm the legal heirs’ ownership rights and facilitates the property transfer process.

Requirements for Filing an Affidavit of Heirship

When preparing an affidavit of heirship, the following information is required:

• The decedent's full legal name and birth date.
• The names of the decedent's heirs and their relationships to the deceased.
• Details about the decedent’s death, including the date of death.
• Information about any real estate owned by the decedent.
• Details of the decedent’s spouse and children (if applicable).
• Any relevant property deeds or real estate records.

The affidavit must also be signed by two disinterested witnesses, who have no financial interest in the decedent's estate but have personal knowledge of the deceased person’s property and family history.

Affidavit of Heirship vs. Small Estate Affidavit in Texas

Many people confuse an affidavit of heirship with a small estate affidavit. While both are used to transfer property, they serve different purposes.

• Affidavit of Heirship: Primarily used for transferring real property owned by the decedent when no will is in place.
• Small Estate Affidavit: Typically used when the decedent’s estate consists of personal property worth less than $75,000.

Each has different legal requirements and uses, so it's important to consult a lawyer to determine which option is best suited for your situation.

When to Use an Affidavit of Heirship in Texas

You may consider using an affidavit of heirship if:

• The decedent owned property but did not leave a will.
• The estate is small, and you wish to avoid probate court.
• You want to transfer title to real estate without going through the probate process.
• All heirs agree on the distribution of the decedent's property.

Using an affidavit of heirship can help avoid the delays and costs associated with probate proceedings, especially when the estate is not complex.

What Are the Benefits of an Affidavit of Heirship?

Some key benefits of using an affidavit of heirship include:

• Cost-Effective: Avoids the expenses associated with probate court.
• Efficient: Allows for quicker property transfers, especially for real estate.
• Avoids Legal Disputes: As long as all heirs agree, the process can be simple and straightforward.

Why Legal Assistance is Essential

While filing an affidavit of heirship may seem straightforward, there are several legal complexities that can arise. Errors in the document or disputes among heirs can lead to delays, additional costs, or even legal challenges.

At Masterly Legal Solutions, we specialize in guiding clients through the affidavit of heirship process. Our legal team ensures that all documents are prepared and filed correctly, helping avoid any potential issues that may arise during the transfer of property.

How County Property Records Help Identify the Heirs of a Deceased Property Owner

When a property owner in Texas passes away without a will, the transfer of their real property can become complicated. One of the key documents in determining the rightful heirs of a deceased property owner is the Texas affidavit of heirship. This affidavit is used to provide legal proof of the decedent's family and marital history, allowing for a smoother transfer of the decedent's real property to their legal heirs.

To effectively transfer ownership, the affidavit is filed with the county clerk's office and added to the county property records. This step ensures that the deceased property owner’s estate, including any real estate owned, is documented properly. Without this filing, the rightful heirs may encounter issues when attempting to claim or transfer the property title.

In many cases, the deceased owner’s property deed will need to be updated in the property records to reflect the new owners. Both the affidavit of heirship and the county property records play critical roles in this process. Once the property title is updated, heirs can proceed with the transfer of ownership.

This article explains how the affidavit of heirship is used in conjunction with county property records to ensure that the deceased owner’s property is legally transferred to the rightful heirs, without the need for a lengthy probate proceeding.

What Happens When a Decedent Dies Without a Will?

When a decedent dies intestate, meaning without a will, their estate assets, including real property, must be distributed according to Texas law. The Texas Estates Code outlines the process for determining the rightful heirs and transferring the decedent’s real property. The affidavit of heirship is often used to bypass the probate court and expedite the transfer of property title.

For example, if the deceased owner's property solely belonged to them, the affidavit will need to include a sworn statement from two disinterested witnesses. These witnesses must have personal knowledge of the decedent's family and marital history and no financial interest in the estate. The affidavit, once filed and recorded, allows for the legal transfer of ownership to the decedent’s heirs.

Additionally, this affidavit may also be required by the mortgage company or title company if the heirs intend to sell the deceased person’s property. This legal document helps clarify the rightful heirs and ensures the proper handling of any outstanding debts, like mortgage payments or bank accounts, associated with the deceased person's estate.



The Texas affidavit of heirship and county property records are essential tools for ensuring that the transfer of assets, including real estate, occurs smoothly and lawfully.

Contact Us for a Free Consultation

If you need assistance with filing an affidavit of heirship in Texas, Masterly Legal Solutions is here to help. Whether you’re dealing with real property or other assets, our team can guide you through the legal process and ensure your family’s rights are protected. We offer a free consultation to answer any questions you have and help you determine the best approach for your situation.

Call us at (972) 236-5051 for a free consultation and learn how we can assist with your affidavit of heirship needs.

Notice: This post is not legal advice; it is merely informational in nature. Please speak with an attorney for specific legal advice about your case.