Affidavits of Heirship made easy

An Affidavit of Heirship is an affidavit that describes the family history of a decedent with the end result of outlining the heirs of decedent. When one passes without a Will ("intestate"), the Texas Estates Code outlines who will receive assets (i.e., the decedent's "heirs"). An Affidavit of Heirship is one of a handful of probate processes that are available and has very specific results/uses. Like most probate processes, it is not viable in every situation.

An Affidavit of Heirship is recorded in the deed records in the county where the decedent’s real estate is located. The Affidavit of Heirship does not technically transfer title to real estate. However, Texas Estates Code 203.001 states that the AoH becomes evidence about the property once it has been on file for five years. The legal effect of the Affidavit of Heirship is that it creates a clean chain of title transfer to the decedent’s heirs. This is what title companies want to see.

An Affidavit of Heirship is prepared (typically by an attorney), signed by one heir and two disinterested witnesses, and recorded in the real property records of the county where the decedent's real estate is located.

If you'd like for us to handle the Affidavit of Heirship, you can submit everything we'll need (including the flat fee) via the questionnaire below.

An Affidavit of Heirship formally identifies the decedent’s heirs and, when recorded in the real property records, the Affidavit of Heirship will transfer ownership of the decedent’s real estate to his/her heirs.

An Affidavit of Heirship is generally only viable if: (1) the decedent did NOT have a will; (2) the decedent had NO debts; (3) the administration of the decedent's estate is NOT necessary; and (4) the decedent's only asset is real estate.

An Affidavit of Heirship is generally NOT viable if: (1) the decedent had a will; (2) the decedent had debts; (3) an administration of the decedent's estate is necessary; or (4) the decedent has non-real estate assets (i.e., bank accounts) that need to be transferred.

A Texas Affidavit of Heirship should be signed by 1 heir and 2 disinterested witnesses (i.e., people that are (a) familiar with the decedent’s family history; (b) not interested in the estate; knew the Decedent for at least 10 years). In other words, a disinterested witness cannot be an heir of the decedent and cannot stand to gain anything financially from the estate. All three signatures must be notarized.

An Affidavit of Heirship must be signed by two "disinterested" witnesses. The witnesses are essentially corroborating the information in the Affidavit (i.e., the family history of the Decedent). The term "disinterested" means the witness does not stand to gain from the results of the Affidavit. In other words, the disinterested witnesses cannot be one of Decedent's heirs.

Aunts, uncles, long term friends, or neighbors of the Decedent are acceptable. If the Decedent had living children, the Decedent's siblings would be disinterested. The Decedent's spouse and children are not able to be one of the disinterested witnesses.

A disinterested witness needs to have known the Decedent for at least 10 years.

In Texas, the Affidavit of Heirship is recorded in the real property records (i.e. the county clerk’s office) in each county where you want to transfer the decedent’s real estate. For example, if the decedent owned a ranch that is located in Tarrant and Parker counties, the Affidavit of Heirship should be recorded in both Tarrant and Parker counties.

An Affidavit of Heirship may be viable and probate may therefore be avoided if the decedent did not have a will, had no debts, and only real estate needs to be transferred.

When someone dies intestate (i.e., without a will), the Texas Estates Code outlines who the decedent's heirs are. There are many variables you have to work through when determining one's heirs. For example: Was the decedent married? If so, was the real estate community property or separate property? Did the decedent have children? If so, did any child predecease the decedent? Were the decedent's kids from a prior marriage? Was the decedent survived by one or both parents? Was the decedent survived by siblings?

Determine exactly who inherits property in Texas when there is no will.