Texas probate · Document guide
Affidavit of Heirship
A sworn family history that helps document who inherits real estate. Witnesses describe the person's marriages, children, and relatives, and the affidavit is recorded in county property records. Check with the title company about what it will accept before relying on this route.
Texas Estates Code, Chapter 203
Where it goes
Filed with the county clerk, not the probate court.
Who signs
Affiant #1, Disinterested witness #1 and Disinterested witness #2 sign.
Oath or notarization
The people making the sworn statements sign before a notary. Any court approval is separate.
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What to have on hand
Death details
The person's full name, date of death, and last address. A death certificate can help confirm these.
Family records
Names and contact details for the spouse, children, and other heirs, along with marriage and family history.
Property records
Deeds, property descriptions, and records of any mortgage or other debt secured by the property.
Witness details
Names and contact details for people who know the relevant facts, and notes about how they know them.
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Recording fees by county
Recording costs depend on page count. Confirm with the county clerk before recording.
| County | Recording fee |
|---|---|
| Dallas County | $26First page, then $4 per added page |
| Tarrant County | $26First page, then $4 per added page |
| Collin County | $26First page, then $4 per added page |
| Denton County | $26First page, then $4 per added page |
| Harris County | $18First page, then $4 per added page |
| Travis County | $26First page, then $4 per added page |
| Bexar County | $26First page, then $4 per added page |
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