Montgomery County Heirship Deed (Special Warranty by Heirs) Form
Last validated September 16, 2026 by our Forms Development TeamFormatted for recording in Montgomery County, for property anywhere in the county: rural and unincorporated areas as well as Conroe, Dobbin, Magnolia, Montgomery, New Caney, Pinehurst, Porter, Splendora and 2 more.
- 3 documents included
- Immediate PDF download
- Formatting guarantee

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.

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.

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.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Texas and Montgomery County documents included at no extra charge:
Where to Record Your Documents
County Clerk - Main Office
Conroe, Texas 77301 /77305
Hours: Monday - Friday 8:00am - 5:00pm
Phone: (936) 539-7885
East County Annex
New Caney, Texas 77357
Hours: Tuesday & Thursday 8:30am - 4:30pm / Closed 12 - 1 for lunch
Phone: 281-577-8976
South County Annex
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
- Ensure all signatures are in blue or black ink
- Verify all names are spelled correctly before recording
- White-out or correction fluid may cause rejection
- Ask about their eRecording option for future transactions
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
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. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. 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 county recording office listed above.
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.
4.8 out of 5 - ( 4,836 Reviews )
JESSICA B. 5 out of 5 stars
easy to move through the site and create an account.
Thank you!
Allen M. 5 out of 5 stars
Fast,quick and easy to work with. Not confusing.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Kevin H. 5 out of 5 stars
I was able to find the forms I needed and questions answered
Thank you for your feedback. We really appreciate it. Have a great day!
Dina B. 5 out of 5 stars
The web cite is very easy to navigate through making a document process simple to obtain.
Thank you!
Charles D. 5 out of 5 stars
Very easy to download, very easy to use. Good examples to answer questions.
Thank you!
GARY S. 5 out of 5 stars
I thought your forms are great. Easy to use with instructions provided.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Biinah B. 5 out of 5 stars
Wished I had known about this site earlier. Just what we needed. Get tool to get lip to date legal help.
Thank you for your feedback. We really appreciate it. Have a great day!
Ruby C. 5 out of 5 stars
very easy to use this site as I live out of state.
Tanks Ruby, glad we could help.
Larry H. 5 out of 5 stars
Nice
Thank you!
Johnnie W. 5 out of 5 stars
Five stars for quick retrieval/no hassle of forms. Will review them again once I have completed the forms and they have been accepted.
Thank you for your feedback. We really appreciate it. Have a great day!
Arletta B. 5 out of 5 stars
Fantastic service, saved me a ton of time and running around. Thanks!
Thank you!
Angel C. 5 out of 5 stars
Solid forms hitting all the marks (statutory requirements) Fairly simple to accomplish what I was looking to do with minimal research. Would certainly use again when needed.
Thank you!
Sandra M. 5 out of 5 stars
The forms were easy to use but there was a software issue that made it impossible to get the county name to appear on the form in the correct place. It made the deed look a little sloppy
Thank you!
Johnette E. 5 out of 5 stars
Easy and quick to use!!
Thank you!
Valerie S. 5 out of 5 stars
The service was easy, fast, and cheap and we were able to close our sale 2 days after we downloaded the deed! Thanks!
Thank you for your feedback. We really appreciate it. Have a great day!