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Texas affidavit packet
Establish heirship for Texas real property when the owner died without a will. Get the state-specific blank affidavit and completion guidance as an instant download.
Is this the right affidavit type? An affidavit of heirship establishes the identity of heirs for real property when the owner died intestate.
This download includes 2 documents in editable Word format. Complete them on your own computer, then print, sign, and file.
Packet is delivered in Word format; no blank PDF of the deed is included.
A simple three-step workflow; the packet guides you through each one.
Gather the current deed or title record and the exact legal description of the property before you start.
Complete the blank deed and follow the included state guidance for signing, acknowledgment, and related requirements.
Confirm your county recorder's cover sheets, transfer forms, fees, and local practices, then submit the executed deed.
See page 1 of the actual blank form and review a plain-language outline of what appears on page 1. The complete formatted packet is delivered after checkout.
Recording and return information: fields for the preparer and return-to recipient names, mailing addresses, and related recording details.
Property description: the legal description of the property, or a reference to an attached exhibit.
About this Texas form
A Texas affidavit of heirship is a sworn statement of family-history and heirship facts for Texas real-property records. It is deed-adjacent, not a deed. It can provide evidence supporting later title work under Texas Estates Code sections 203.001 and 203.002, but it does not itself convey title, probate a will, appoint a personal representative, release debts or liens, or guarantee title-company acceptance.
The package includes two editable Microsoft Word documents: the Texas Affidavit of Heirship for Real Property and a separate Texas Affidavit of Heirship Instructions and Checklist. The affidavit is the recordable sworn instrument; the instruction file is not recorded.
Texas Estates Code section 203.001 gives certain recorded heirship statements prima facie evidentiary effect after five years of record in a qualifying Texas county, subject to rebuttal and omitted-heir or creditor rights. In practice, the recorded affidavit often supports later deeds signed by heirs or other title-company requirements. It is evidence supporting a transfer, not the transfer itself.
This product is best suited to uncomplicated Texas real-property heirship facts where heirs are known, adult, competent, locatable, and noncontesting, and knowledgeable affiants can swear to the facts. Use Texas probate counsel or title-company review for wills, probate, muniment of title, missing or minor heirs, disabled heirs, disputed family facts, community-property or homestead questions, creditor or Medicaid Estate Recovery issues, title-insured sales or refinances, mineral issues, trusts, entities, fiduciaries, or any required court process.
PublicLegal-authored self-help deed form. Provided for customers to complete with their own transaction information and submit to the proper local recording office. Recorder offices and state agencies may require separate supplemental forms, taxes, fees, or cover sheets, and requirements vary by jurisdiction and transaction. Review the product notes and confirm local recording requirements before relying on any completed deed.
ILRG provides self-help deed forms and download support. Attorney-reviewed PublicLegal-authored deed forms are provided for you to complete with your own transaction information. Deed recording requirements, supplemental forms, transfer taxes, title-company practices, and legal suitability vary by jurisdiction and transaction. If you are not 100 percent satisfied after purchasing from us, contact us for a refund.
No. It states sworn heirship facts. Heirs or other parties may still need to sign a deed, complete probate, satisfy title-company requirements, or obtain a court order depending on the facts.
Under Texas Estates Code section 203.001, a qualifying recorded statement can become prima facie evidence after five years of record in a qualifying Texas county, but the facts can still be rebutted and omitted-heir or creditor rights are not cut off by the affidavit alone.
Affiants should have personal knowledge of the decedent's family and marital history. Title practice often prefers knowledgeable people who are not inheriting from the decedent when possible. Use counsel or title-company review if an heir or interested person is the only available affiant.
No. This heirship affidavit is a Chapter 203 heirship-evidence affidavit. A transfer-on-death deed affidavit of death is a separate post-death title-clearing document for a recorded Texas TODD.
The product includes the editable Texas Affidavit of Heirship for Real Property Word document and a separate editable Texas Affidavit of Heirship Instructions and Checklist Word document.