This form is typically used when the deceased did NOT leave a will or estate plan. The Affidavit of Heirship is a sworn statement used to establish the heirs of a property, with a goal of putting the property in their name. Sometimes this form is used to bypass probate when the deceased left a will that leaves the property solely to the direct descendants of the deceased or when 4 years have passed since the death of the owner, the general time frame to probate a will in Texas. An Affidavit of Heirship can be filed anytime. An Affidavit of Heirship alone does not transfer property title. It identifies the heirs of the property.

General parameters for a Texas Affidavit of Heirship document:

No valid will, or if beneficiaries and/or heirs agree to disregard the will.
Only real estate needs to be transferred to heirs.
The deceased does not have any debts.
No administration of estate required.

(Texas Affidavit of Heirship Package includes form, guidelines, and completed example)

How to Use This Form

Select your county from the list above
Download the county-specific form
Fill in the required information
Have the document notarized if required
Record with your county recorder's office

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Common Uses for Affidavit of Heirship

Document the death of a property owner for public record
Document survivorship rights for jointly held property
Establish legal standing to manage a decedent's real property
Clear title defects caused by a missing death record

Compare other Texas deed forms and documents

General Warranty Deed (Individual Grantor) General Warranty Deed (Joint Grantors) General Warranty Deed with Vendor Lien (Individual Grantor) General Warranty Deed with Vendors Lien (Third-Party Lender) Deed Without Warranty Gift Deed Without Warranty Gift Deed Special Warranty Special Warranty Deed (Individual Grantor) Special Warranty Deed (Joint Grantors) Grant Deed (Individual Grantor) Grant Deed (Joint Grantors) Quitclaim Deed Correction Deed Transfer on Death Deed (Individual) Transfer on Death Deed (Joint Owners with Right of Survivorship) Transfer on Death Deed (Community Property with Right of Survivorship) Community Property Survivorship Agreement Revocation of Community Property Survivorship Agreement Enhanced Life Estate Deed Revocation of Transfer on Death Deed (Individual) Revocation of Transfer on Death Deed (Joint Owners) Affidavit of Death (Transfer on Death Deed Beneficiary) Easement Deed Termination of Easement Executor Deed Administrator Deed Trustee Deed Certificate of Trust Disclaimer of Interest Mineral Deed Mineral Quitclaim Deed Specific Power of Attorney for the Purchase of Property Specific Power of Attorney for the Sale of Property Statutory Durable Power of Attorney Demand for Payment Notice of Contractual Retainage Notice of Specially Manufactured Materials Preliminary Notice to Original Contractor Preliminary Notice to Owner and Original Contractor Affidavit of Lien Request for Information from Owner Request for Information from Subcontractor Request for Information from Original Contractor Conditional Waiver and Release on Progress Payment Conditional Waiver and Release on Final Payment Unconditional Waiver on Progress Payment Unconditional Waiver on Final Payment Release of Lien Contract for Deed Memorandum of Contract Deed of Trust and Promissory Note Release of Lien - by Deed of Trust and Note Appointment of Substitute Trustee for Deed of Trust Assignment of Deed of Trust Collateral Assignment of Note and Liens (Security Agreement) Release of Collateral Transfer of Note and Lien Collateral Assignment of Leases, Rents and Rights Release of Collateral Assignment of Leases and Rents Lis Pendens Lis Pendens Release

Important: County-Specific Forms

Our affidavit of heirship forms are specifically formatted for each county in Texas.

After selecting your county, you'll receive forms that meet all local recording requirements, ensuring your documents will be accepted without delays or rejection fees.

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