FastCounsel

Detailed Answer

In Texas, an heirship affidavit is a sworn statement that identifies the legal heirs of a person who died without a will (intestate) and has real property that needs a clear chain of title. This document lets title companies and county clerks recognize the heirs without formal probate. Even though Texas Estates Code Chapter 205 (https://statutes.capitol.texas.gov/Docs/ES/htm/ES.205.htm) governs small estate affidavits for personal property, the heirship affidavit for real estate relies on common-law recognition (see Tex. A & M Univ. Sys. v. Miller, 688 S.W.2d 321 (Tex. 1985)). Use this method when no executor or administrator is appointed and you need to transfer or sell real property.

1. Gather key documents. Obtain the decedent’s certified death certificate, the most recent deed or title policy, and any family records showing relationships.
2. Draft the affidavit. Include:
   • Decedent’s full name, date of death, and last county of residence.
   • Statement that no will was probated and no administrator is serving.
   • A list of heirs by relationship (spouse, children, parents, siblings, etc.) with their current addresses.
   • A declaration that the statements are made on personal knowledge or reliable hearsay.
3. Notarize the affidavit. Have all affiants sign before a Texas notary public.
4. Attach supporting exhibits. Typically:
   • Certified death certificate.
   • Chain-of-title documents (deeds or title report).
5. Record with the county clerk. File the affidavit and exhibits in the real property records of the county where the land lies. Pay the clerk’s recording fees and obtain a stamped copy.
6. Use the recorded affidavit. Provide copies to your title company when preparing deeds or selling the property. The recorded affidavit clears title by officially establishing who inherited the land.

Key Statute Reference: For personal property, see the Small Estate Affidavit process under Texas Estates Code Chapter 205. The heirship affidavit for real estate is a common-law procedure upheld by Texas courts.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. You should consult a licensed attorney to discuss your specific situation.

Helpful Hints

• Confirm the county clerk’s preferred format or local sample form.
• Use precise legal descriptions of real property from the deed, not a mailing address.
• List all known heirs, even those who may disclaim or renounce their interest later.
• Keep original records; file only certified copies with the clerk.
• Verify all witnesses are over 18 and have valid ID for notarization.
• Consider a small estate affidavit under Chapter 205 if only personal property (no real estate) is involved.