Montgomery County Affidavit of Heirship Form

Last validated July 18, 2026 by our Forms Development Team

Montgomery County Affidavit of Heirship Form

Montgomery County Affidavit of Heirship Form

Fill in the blank Affidavit of Heirship form formatted to comply with all Texas recording and content requirements.

Document Last Validated 7/18/2026
Montgomery County Affidavit of Heirship Guide

Montgomery County Affidavit of Heirship Guide

Line by line guide explaining every blank on the Affidavit of Heirship form.

Document Last Validated 7/18/2026
Montgomery County Completed Example of the Affidavit of Heirship Document

Montgomery County Completed Example of the Affidavit of Heirship Document

Example of a properly completed Texas Affidavit of Heirship document for reference.

Document Last Validated 7/18/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Montgomery County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

County Clerk - Main Office

Address:
210 W Davis (Hwy 105) / PO Box 959
Conroe, Texas 77301 /77305

Hours: Monday - Friday 8:00am - 5:00pm

Phone: (936) 539-7885

East County Annex

Address:
21130 Hwy 59
New Caney, Texas 77357

Hours: Tuesday & Thursday 8:30am - 4:30pm / Closed 12 - 1 for lunch

Phone: 281-577-8976

South County Annex

Address:
1520 Lake Front Circle
The Woodlands, Texas 77380

Hours: Monday, Wednesday & Friday 8:30am - 4:30pm / Closed 12 - 1 for lunch

Phone: 281-364-4241

Recording Tips for Montgomery County:
  • Bring your driver's license or state-issued photo ID
  • Documents must be on 8.5 x 11 inch white paper
  • Check that your notary's commission hasn't expired
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Montgomery County

Properties in any of these areas use Montgomery County forms:

  • Conroe
  • Dobbin
  • Magnolia
  • Montgomery
  • New Caney
  • Pinehurst
  • Porter
  • Splendora
  • Spring
  • Willis

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Montgomery County

How do I get my forms?

Forms are available for immediate download after payment. The Montgomery County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Montgomery County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Montgomery County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Montgomery County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Montgomery County?

Recording fees in Montgomery County vary. Contact the recorder's office at (936) 539-7885 for current fees.

Questions answered? Let's get started!

When a Texas owner dies without a will and the main thing left behind is real estate, the title sits in a deceased person's name with no recorded account of who now owns it. A Texas affidavit of heirship is the instrument that fills that gap: a sworn statement of the decedent's family history and heirs, recorded in the county deed records, that lets the chain of title catch up with the family. This form prepares that affidavit under Chapter 203 of the Texas Estates Code, the chapter on nonjudicial evidence of heirship.

Evidence That Strengthens With Time

The defining feature of the affidavit of heirship is written into Section 203.001. A court receives the statement of facts in a recorded affidavit as prima facie evidence of heirship, in a proceeding to declare heirship or a suit involving title to property, once the affidavit has been of record for five years or more in the county where the property is located. Before that five year mark the affidavit is still recorded and still part of the chain of title; what arrives at five years is the statutory presumption that the recited facts are correct unless someone comes forward to contradict them. That growing weight is why families record the affidavit promptly even though it changes nothing on its face the day it is filed.

What the Affidavit Records

Heirship in Texas is set by the laws of descent and distribution in Chapter 201, not by the affidavit. The affidavit's job is to record the family facts that, applied to those laws, identify the heirs. Following the suggested form in Section 203.002, it states the decedent's marital history, the children and their descendants, the parents and siblings where the decedent left no descendants, the persons who know the family, and the absence of a will, of an estate administration, and of unpaid debts and taxes. It identifies the real property by legal description and source of title, then names the heirs and the share each one takes. Because Texas is a community property state, a full marital history matters: even a long ago marriage can change who inherits, so the form gives that history its own section.

Sworn by an Affiant and Two Disinterested Witnesses

This is an affidavit, so the people who sign it swear to the facts before a notary, who completes a jurat rather than the acknowledgment found on a deed. Chapter 203 does not by its own terms require witnesses, but the title companies whose acceptance gives the affidavit its practical value routinely ask that the statement be sworn by the affiant and corroborated by two disinterested witnesses, people who knew the decedent and the family well but take nothing from the estate. The form provides one affiant block, two witness blocks, and a separate jurat for each signer, so they can swear on different dates or before different notaries.

What It Does Not Do

An affidavit of heirship does not transfer or convey title the way a deed does, and the form says so plainly. Section 203.001 also preserves the rights of an omitted heir and of a creditor of the decedent, so the affidavit records facts rather than cutting off claims. A title company evaluates it through its own underwriting and may accept it, ask for more, or require that all heirs join in a deed or that a court determine heirship; legal validity and title insurability are not the same thing. The guide describes those limits, including how homestead occupancy rights and estate claims operate independently of the affidavit.

In the Package

The package centers on the fillable affidavit, which can be typed on screen or printed and completed by hand. A section-by-section guide explains, for each numbered part, what the blank is asking for, which document or witness it comes from, and what a complete entry reads like, and a fully filled completed example carries one realistic Travis County fact pattern from the venue lines through the witness jurats. The affidavit is laid out for the county clerk: letter size pages within the dimensions of Local Government Code Section 191.007, body type well above the eight point floor, and the top of the first page kept clear for the recording stamp. Because an affidavit of heirship moves no interest in land, it carries none of the confidentiality notice a deed must show. These materials are informational and are not legal advice.

Related Texas Forms

Where the owner is still living, the Texas Transfer on Death Deed names who receives the property at death without probate, and the Texas Affidavit of Death (Transfer on Death Deed Beneficiary) is what a beneficiary records after that owner's death. Once heirship is established, the heirs commonly convey by a Texas General Warranty Deed or a Texas Deed Without Warranty. Where a court order rather than a recorded affidavit is needed, a judicial proceeding to declare heirship is the path Texas law provides.

Important: Your property must be located in Montgomery County to use these forms. Documents should be recorded at the office below.

This Affidavit of Heirship meets all recording requirements specific to Montgomery County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Montgomery County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Montgomery County Affidavit of Heirship form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

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