Texas Affidavit of Heirship Checklist: How to File, Step by Step
Texas does not publish a fill-in form for Affidavit of Heirship — Estates Code Chapter 203 instead lists what a compliant filing must contain. Below is that requirement, explained in plain language and cited section by section. This is informational only and is not legal advice; we do not draft or individualize the filing.
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Texas does not publish a fill-in form for Affidavit of Heirship — Estates Code Chapter 203 instead sets out what a compliant filing must contain. Here is the full sequence, with the statutory fact behind each step.
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Confirm this is actually the right mechanism
Affidavit of Heirship establishes heirship to real property — it is not a bank-account instrument. It applies when the decedent died without a will, or left a will that was never probated within Texas's 4-year window. If the goal is unlocking a bank account and there's no will, the Small Estate Affidavit is very likely the correct guide instead.
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Identify every heir and gather the family history facts
Estates Code § 203.002 provides a suggested (non-mandatory) 16-part structure covering the decedent's marital history, children (living or deceased, with addresses or dates of death), other potential heirs, known debts, and the real property description. texaslawhelp.org's own guide is explicit that this is not a fill-in template — every family's facts are different, and an incomplete or inaccurate family history is the most common reason an affidavit later gets challenged.
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Find two disinterested witnesses
Both witnesses must have personally known the decedent and the decedent's family history, and must have no financial interest in the estate. An heir cannot serve as one of the two required disinterested witnesses, though an heir can still be the person swearing to the facts. Title companies often look for witnesses who knew the decedent for 10+ years as a practical credibility standard, even though that specific number isn't itself a statutory requirement.
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Sign and notarize the affidavit
The affiant and both disinterested witnesses sign before a notary. This is not a court filing and does not require a judge's approval — it's a sworn, notarized statement of fact.
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Record it with the county clerk where the property is located
File the notarized original with the county clerk's real property (deed) records in the county where the real property sits — not with a court, and not presented directly to a bank. County recording fees are typically in the $50-$75 range but vary by county; contact the specific county clerk for the exact current fee.
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Understand the 5-year rule before relying on it for a sale or refinance
The affidavit is valid to record and rely on immediately, but it only becomes 'prima facie evidence' of the facts it states after being on record for 5 years — and even then, that presumption isn't binding on title companies, who can still ask for more if something about the specific transaction concerns them. A sale or refinance attempted before the 5-year mark, or on a higher-value or non-homestead property, is the scenario most likely to draw extra scrutiny.
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Complete the transfer with a deed once heirship is established
The affidavit is evidence of who the heirs are — it does not by itself transfer title. The heirs typically still need to sign a deed (commonly a Special Warranty Deed) to complete an actual sale or refinance; every heir's cooperation is needed for that step, even after a valid affidavit is on file.
The step families get stuck on is what happens after the filing is recorded .
What Texas requires instead of a fill-in form
Texas does not publish a fill-in affidavit of heirship form. That means the requirements above — read directly against Estates Code Chapter 203 — are what a compliant filing has to satisfy, whether you prepare it yourself where permitted or bring it to an attorney to draft.
Recording it is only step one
A recorded filing doesn't always finish the job on its own — some mechanisms still need a follow-up step before a sale or transfer can actually close. Free one-pager: the real scenarios that come up after recording and what resolves each, emailed now. Then a few short follow-ups over the next few weeks — then we stop. No ongoing newsletter.