Affidavit of Heirship
Establish who legally inherits — a sworn record often used to transfer real property when no formal probate is opened.
Is This the Right Option for You?
Check the list below. If it fits, you can start today. We confirm everything in your intake call.
Not sure? Take the 2-minute quiz or compare all prices.
Due today, when you sign up$595
Paid before attorney review$300
Paid before recording, directly or through us at costabout $50–$100
Establishing the Legal Heirs
An affidavit of heirship is a sworn statement, recognized under Chapter 203 of the Texas Estates Code, that lists a deceased person’s heirs and how the estate passes under Texas law. It’s written and signed by someone with knowledge of the family history — typically disinterested witnesses who knew the family but don’t stand to inherit.
Once filed with the county clerk in the county where the property sits, the affidavit creates a public record of heirship. Real estate buyers and title companies commonly accept it as proof of title, which makes it a practical tool for transferring real property when no formal probate is opened — especially when someone dies without a will.
Ch. 203
Texas Estates Code authority
Non-Court
No judge or administration required
On Record
Filed in the county property records
What an Affidavit of Heirship Can Transfer
It’s most often used for real property, but Texas law recognizes it for several types of assets.
Real Property
The most common use — clearing title to land or a home so heirs can hold or sell it. The affidavit is filed in the county where the property is located.
Titled Personal Property
It can also support transferring manufactured housing, motor vehicles, boats, and aircraft to the rightful heirs.
Know the Limits
No law forces third parties to accept it, and banks usually won’t. If institutions require formal authority, a full administration may be necessary instead.
How We Help
You give the family and property details in the portal, the system fills in the affidavit from our template, an attorney reviews it, and our probate specialists coordinate the witnesses, signing, and recording.
- Mapping the family history and identifying the legal heirs
- Confirming an affidavit of heirship is the right tool
- Building the affidavit and supporting documents from our templates
- Guiding you to disinterested witnesses who knew the family
- Coordinating notarization and signing
- Filing the affidavit in the county real property records
- Attorney review before signing
- Advising on next steps if an institution won’t accept it
What to Keep in Mind
An affidavit of heirship is well-suited to transferring real estate and clearing title, but the court doesn’t verify it, so it carries less legal weight than a court order. It works best when the heirs agree and the family history is clear and well-documented.
If the estate needs a representative, has disputes, or holds assets this can’t reach — or if a bank insists on letters of administration — we’ll recommend a determination of heirship, full administration, or another alternative that gets the job done.
Need to Establish Heirship?
Buy the Affidavit of Heirship service online. We confirm it fits in your intake call. Because we start preparing the affidavit straight away, the 3-business-day evaluation period that applies to our court services does not apply to this one. Not sure this is the right option? Take the 2-minute quiz.