Where to file
Filed with the county clerk, not the probate court.
Affidavit of Heirship
Legacywyse gives you everything a first-time executor needs: the recommended probate process for your situation, realistic costs and timelines, and pre-filled court documents — including the affidavit of heirship.
Start the questionnaireDirect answer
A sworn family history used to show who inherits real estate when there's no will — or when a will doesn't cover all the property. Two people who knew the family but have nothing to gain financially describe the person's marriages, children, and other relatives. It's recorded in the county property records, and title companies often accept it without a court case.
Signatures
Affiant #1, Disinterested witness #1 and Disinterested witness #2 sign.
Notarization
Every signer signs before a notary. Legacywyse plans include virtual notary sessions for supported counties.
Which probate paths use it
This document belongs to 3 paths. The Legacywyse questionnaire sorts your estate facts first, then adds it to your packet when the path calls for it.
What's in the document
Legacywyse fills in from your answers
- Decedent full name
- Date of death
- Last residence
- County
- Surviving spouse
- Has children
You complete
- Affiant 1 name
- Affiant 1 address
- Family history / distribution narrative
- Real property / title notes
Recording fees by county
The affidavit is recorded with the county clerk's Real Property Records. Fees come from each clerk's published schedule and change over time, so re-verify before recording.
| County | First page | Each added page | Clerk |
|---|---|---|---|
| Dallas County | $26 | $4 | Dallas County Clerk |
| Tarrant County | $26 | $4 | Tarrant County Clerk |
| Collin County | $26 | $4 | Collin County Clerk |
| Denton County | $26 | $4 | Denton County Clerk |
| Harris County | $18 | $4 | Harris County Clerk |
| Travis County | $26 | $4 | Travis County Clerk |
| Bexar County | $26 | $4 | Bexar County Clerk |
Common questions
Where does the Affidavit of Heirship go?
Filed with the county clerk, not the probate court.
Who signs the Affidavit of Heirship?
Affiant #1, Disinterested witness #1 and Disinterested witness #2 sign. Every signer signs before a notary.
Which Texas probate paths use this document?
It belongs to these paths: affidavit of heirship, independent administration, dependent administration.
Does Legacywyse prepare this document?
Yes. Legacywyse generates it from your questionnaire answers inside the private workspace, with the county details filled in. You review it, sign where required, and file it. Legacywyse is not a law firm, and this page is general information, not legal advice.
Review note
Updated July 7, 2026. Legacywyse links to Texas court, statute, tax, and county sources when a guide discusses filing, authority, taxes, or local probate process. The content is general information, not legal advice.
Keep reading
Affidavit of heirship in Texas: the statewide guideIndependent administration in Texas: the statewide guideApplication for Probate of Will and Issuance of Letters: what it isOath of Personal Representative: what it isProof of Death and Other Facts: what it isDesignation of Resident Agent: what it is
Affidavit of heirship, county by county
Let's take the next step together.
Answer a few questions about your situation, and we'll help you through what comes next.
Get started free