Affidavit of heirship
Establish who legally inherits — often used to transfer real property when no formal probate is opened.
Establishing the legal heirs
An affidavit of heirship is a sworn statement that identifies a decedent’s heirs and how the estate passes under Texas law. It’s most often used to transfer real property when no formal probate is opened — especially when someone dies without a will.
Once signed by disinterested witnesses and filed in the county’s real property records, the affidavit creates a public record of heirship that title companies and others can rely on to recognize the rightful owners.
How we help
We gather the family and property details, prepare the affidavit, and guide you through finding witnesses, signing before a notary, and filing in the right county records. When the situation calls for an attorney’s review, we bring one in.
What’s involved
- Mapping the family history and identifying the legal heirs
- Confirming an affidavit of heirship is the right tool
- Preparing the affidavit and supporting documentation
- Guiding you to disinterested witnesses who knew the family
- Coordinating notarization and signing
- Filing the affidavit in the county real property records
- Bringing in an attorney for review when needed
What to keep in mind
An affidavit of heirship is well-suited to transferring real estate and clearing title, but it doesn’t appoint anyone to act for the estate or resolve debts. It also works best when the heirs agree and the family history is clear.
If the estate needs a representative, has disputes, or holds assets this can’t reach, we’ll recommend full administration or another alternative that does the job.
Need to establish heirship?
Reach out for a free, no-obligation consultation. We’ll review the family situation and recommend the right way to transfer the property.