Montgomery County Heirship Deed (Special Warranty by Heirs) Form

Last validated July 18, 2026 by our Forms Development Team

Montgomery County Heirship Deed (Special Warranty by Heirs) Form

Montgomery County Heirship Deed (Special Warranty by Heirs) Form

Fill in the blank Heirship Deed (Special Warranty by Heirs) form formatted to comply with all Texas recording and content requirements.

Document Last Validated 7/18/2026
Montgomery County Heirship Deed (Special Warranty by Heirs) Guide

Montgomery County Heirship Deed (Special Warranty by Heirs) Guide

Line by line guide explaining every blank on the Heirship Deed (Special Warranty by Heirs) form.

Document Last Validated 7/18/2026
Montgomery County Completed Example of the Heirship Deed (Special Warranty by Heirs) Document

Montgomery County Completed Example of the Heirship Deed (Special Warranty by Heirs) Document

Example of a properly completed Texas Heirship Deed (Special Warranty by Heirs) 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:
  • Double-check legal descriptions match your existing deed
  • White-out or correction fluid may cause rejection
  • Both spouses typically need to sign if property is jointly owned

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, title to that owner's real estate does not wait on a courthouse. Under Texas Estates Code Section 101.001(b), the estate of a person who dies intestate vests immediately in the heirs at law, so the moment the owner dies the heirs already own the inherited interest. A Texas heirship deed is how those heirs put that ownership to work: it is a special warranty deed by which one or two heirs convey the property they inherited, to a buyer, to one another, or to another transferee.

Vesting at death, subject to the decedent's debts

The automatic vesting is the feature that makes this deed possible, and Section 101.051 is the string attached to it. The estate vests subject to the payment of the decedent's debts, which means a mortgage or other lien the decedent owed rides along with the property into the heirs' hands and stays on the land. A grantee who takes under a heirship deed takes subject to those matters. That reality is one reason heirs rarely give a full general warranty: they are passing along property whose earlier history they did not control.

Why heirs convey by special warranty

This form conveys with the words grant, sell, and convey, then limits its promise. The grantor binds the grantor to warrant and defend the property only against claims arising by, through, or under the grantor, and not otherwise. Texas Property Code Section 5.023 says the words grant and convey carry implied covenants unless the deed expressly provides otherwise, so the deed expressly ties those implied covenants to the same by, through, or under limit. The result is a clean conveyance that defends the grantor's own conduct as an heir without warranting the entire chain of title back through prior owners, the posture that fits someone selling property inherited from a parent or relative.

The affidavit identifies the heirs; the deed conveys

A heirship deed usually travels with a recorded affidavit of heirship under Texas Estates Code Chapter 203. The two instruments do different jobs. The affidavit states the decedent's family history and identifies the heirs, and it becomes prima facie evidence of those facts once it has been of record for five years; it does not transfer title. The deed is the instrument that transfers. Section 2 of the form records the affidavit's recording date, document number, and county, so the deed and the evidence of heirship point to each other in the chain of title. Where heirs are numerous or in disagreement, a probate court determination of heirship does the identifying instead, and a title company examining a later sale decides what it needs to insure.

Two heirs, homestead, and recording

The form carries signature lines for up to two grantors; a single heir signs on the first line and leaves the second blank. Because a heirship deed conveys during the grantors' lives, the homestead joinder rule applies: where a grantor is married and the property is that couple's homestead, Texas Family Code Section 5.001 brings the grantor's spouse onto a joinder line to release homestead rights. The deed is effective between the parties when signed and delivered, but it is recorded with the county clerk of the county where the property sits, because Section 13.001 leaves an unrecorded conveyance void as to a later good faith purchaser for value. The confidentiality notice required by Property Code Section 11.008 appears at the top of the first page, and a person filing in person on or after December 4, 2025 shows a photo identification at the recording counter.

The package includes the blank deed as a fillable PDF, a completed example built on a realistic Travis County fact pattern, and a plain language guide that walks through every section, names the source of each entry, and describes how the heirship affidavit and the intestate succession rules fit around the deed. The materials are informational and are not legal advice.

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

This Heirship Deed (Special Warranty by Heirs) 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 Heirship Deed (Special Warranty by Heirs) 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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December 18th, 2020

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October 7th, 2023

Process was simple and fast. Awaiting response form agency. I’m happy to have found deeds.com for a speedy service.

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Timothy C.

January 6th, 2022

The process was all very clear and easy -- pay the fee online and download the state and county forms onto my computer. I will do as instructed for the Revocable Transfer on Death Deed, then update my review after I file this with the office of the Sandoval County (New Mexico) Clerk.

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John B.

August 23rd, 2020

Helpful, timely service. Overall, an excellent transaction. Would definitely use Deeds.com again if the need arises.

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April 28th, 2022

Easy to use

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May 24th, 2020

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David T.

May 4th, 2025

Deeds.com made the experience of filing an Affidavit of Heirship in the public records of Logan County, Arkansas painless. Their process was easy to navigate, and they provided clear and immediate communication at every step. Highly recommended.

Reply from Staff

Thank you, David, for your kind words and thoughtful review! We’re so glad to hear that your experience filing an Affidavit of Heirship in Logan County, Arkansas, was smooth and stress-free. Our goal is to make these important processes as easy and transparent as possible, and it’s great to know our communication and platform met your expectations. We truly appreciate your recommendation and are here if you ever need assistance again.

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April 16th, 2023

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March 12th, 2022

Very helpful and very quick to respond. Thank you!

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September 2nd, 2021

Fast, efficient and professional service! Thanks

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Sven S.

April 10th, 2019

great experience so far! Im using Deeds.com for e-recording. Easy to use website, document upload is a snap, you are walked through and reminded if theres something missing.

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Janet J.

December 15th, 2022

These forms were very easy to both download and print, as well as fill out on the site and then print. The instructions are clear and concise. We have not yet been to the County to file them, but we are expecting no issues.

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Michael L.

September 5th, 2020

Pretty good stuff, not exactly clear on the deed transfer costs and all

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Jordan L.

February 16th, 2023

Quick and easy. Lets do it again!

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February 7th, 2020

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