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Affidavit of Heirship Texas

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Two documents are recommended to transfer a house without probate in Texas.

  1. The Affidavit of Heirship. This document is a sworn statement which legally identifies the heirs of a deceased person. The document should be signed in front of a notary by an heir and two witnesses who are knowledgeable about the family history of the deceased.  Once it is signed and notarized, the Affidavit of Heirship can now be recorded with the deed records office in the county where the property is located.
  2. The Deed. This document will transfer property title if one or more of the identified heirs opt to transfer or sell their interest in the property. In most cases, the deed needed for this transfer is a warranty deed in Texas.  The Deed may now be signed by the heirs to transfer the property to other heirs.

Note: The Affidavit of Heirship alone does not transfer property title.

Good to know: The Affidavit of Heirship should be recorded first to identify the heirs. However, both documents may be recorded at the same time.

Affidavit of Heirship in Texas

When a person who owns real property dies, the property cannot be transferred or sold until their name has been removed from the title.

Before a deed can be prepared to transfer or sell the property, the heirs of the deceased will need to be identified. An Affidavit of Heirship is a sworn statement that identifies the heirs of the deceased.

To get started on the Affidavit of Heirship, please provide the following information:

Contact Person




Deceased Owner Information



Was deceased married?

Did deceased have children?

Property Information






Once the Affidavit of Heirship is prepared:

  • The document should be signed by an heir in the presence of a notary and two witnesses.
  • These witnesses should be knowledgeable about the family history of the deceased.
  • When the document has been signed and notarized, it is ready to be recorded with the deed records in the county where the property is located.

Subsequently, this document completes the chain of title of real property from the deceased to the heirs.

The heirs then become the new owners of the property.  Once the document has been recorded, the heirs may transfer or sell the property if they choose to.

Affidavit of Heirship for a House

Good to know: By law, all property owned by the deceased passes to the heirs of the deceased unless there is a will stating otherwise.

An Affidavit of Heirship for a house is generally used when a property owner dies without a will and the house is titled in his or her name at that time.

However, the heirs of the deceased property owner will need to be identified before:

  • The property may be sold or transferred.
  • The house cannot be transferred with clear title until heirship has been properly identified. An Affidavit of Heirship is used for this purpose.

Affidavit for transfer without probate in Texas

Good to know:  A Will may only be probated within 4 years of the death of a property owner in most cases.  An Affidavit of Heirship may be a useful alternative if this timeframe has lapsed.

With a properly recorded Affidavit of Heirship, property title may be transferred from the deceased’s name to the names of the heirs without probate.

As the Affidavit of Heirship establishes a clean chain of title, it ensures that title passes legally to the heirs of the deceased. Title companies will require clean title in order to insure property titles.

Note: Affidavits of Heirship are much less expensive and quicker for title transfer to real property compared to a probate proceeding.

If the deceased had a Will, an Heirship Affidavit may be used if the will leaves the property solely to the direct descendants of the deceased.  This may be a less expensive and faster process than a probate proceeding.

Good to know: If there is no will, this affidavit may be filed in the county records to show the names of the heirs of the deceased owner.

Do you have questions about Affidavit of Heirship? Call and speak directly with attorney Scott Steinbach at 972-960-1850.  Or email him at steinbachlaw@airmail.net.

R. Scott Steinbach is licensed in the state of Texas.  Board Certified by the Texas Board of Legal Specialization in Residential Real Estate Law.

Texas Property Deeds is a service of The Steinbach Law Firm.   Deeds are professionally prepared by an attorney for $195.  Same day preparation. Affidavit of Heirships prepared for $300.

The Steinbach Law Firm prepares all documents for any real estate transaction in Texas.

Board Certified
American Bar Association
State Bar of Texas
Dallas Bar Association
AV Preeminent

Our service stands above the rest offering you:

  • Your document will be prepared by a Texas licensed attorney, Board Certified in Residential Real Estate Law.
  • All property records verified and confirmed.
  • Pay for your deed securely online.
  • $195 for most deeds.
  • Same day preparation.
  • As part of our service and for no additional fee, you may speak directly with an attorney if you have any questions.

Questions? Call Us!

  • Your document will be prepared by a Texas licensed attorney, Board Certified in Residential Real Estate Law.
  • Same day preparation.
  • All property records verified and confirmed.
  • Pay for your deed securely online.
  • As part of our service and for no additional fee, you may speak directly with an attorney if you have any questions.
  • $195 for most deeds.

Questions? Call Us!

Texas Property Deeds prepares documents for title transfers for any Texas real estate property.

Call attorney Scott Steinbach at 972-960-1850.
Email: SteinbachLaw@airmail.net

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