Texas affidavit of heirship · Last verified 2026-09-24
Texas affidavit of heirship: contents, signing, and recording
An affidavit of heirship is a sworn statement of a decedent's family and marital history. Recorded in the county deed records, it becomes prima facie evidence of the facts it states after five years. It is not filed with a probate court.
What the affidavit says (§203.002 form)
- The affiant's name and address, and that they know the decedent's family and marital history personally.
- When the affiant knew the decedent; the date and place of death; the decedent's residence at death.
- The marital history, including the date and place of death of any deceased spouse.
- Each child: name, birth date, other parent, and current address, or date of death and the descendants of a deceased child.
- Whether the decedent adopted, took in, or raised any other children.
- If there are no descendants: the parents and, if needed, siblings.
- Whether there is a written will and whether the estate has been administered.
- Unpaid debts and unpaid estate or inheritance taxes.
- Real property the decedent owned an interest in; optionally, the names of the heirs and other information such as the size of the estate.
Who signs
The statutory form is sworn by an affiant with personal knowledge, before a notary who completes the jurat. §203.001(a)(1), §203.002 Title companies and attorneys who will rely on the affidavit often ask for more than one affiant who does not inherit; ask them what they require before anyone signs. Harris County notes that a will can be attached as an exhibit. Harris County Clerk real property fee schedule and requirements
Where to record and what it costs
Record the original in the deed records of the county where the property is located. §203.001(a)(2) The Tarrant County Clerk's FAQ points out that it goes to the real property records, not the probate court.
| County | Recording fee | Requirements noted by the clerk | Source (checked 2026-09-24) |
|---|---|---|---|
| Travis | $25 first page, $4 each additional page, $0.25 per indexed name over five | Originals with original signatures only; in person or by mail; at least 3 inches blank at the bottom of the last page | Travis County Clerk real property recording |
| Harris | $25 first page, $4 each additional page, $0.25 per indexed name over five | Original document; signature notarized | Harris County Clerk real property fee schedule and requirements |
What it does and does not do
- After it has been of record for five years, a court receives its statements as prima facie evidence in a heirship proceeding or title suit. §203.001(a)
- Anyone can prove the true facts if a statement is wrong. §203.001(b)
- It does not affect the rights of an omitted heir or a creditor. §203.001(d)
- When the facts are disputed, a court proceeding to declare heirship may be needed instead; Travis County lists a $360 fee for an Application for Determination of Heirship. Travis County Clerk probate fee information
About this page
- Applies to
- Texas, United States only. Rules in other states differ.
- Official basis
- Last verified
- : every fact on this page was checked against the sources above on this date.
- Review status
- Not yet reviewed by a licensed Texas attorney Prepared from the primary sources listed. When a licensed Texas attorney reviews this page, their name and the review date will appear here.
- The tool can
- Checks whether an affidavit of heirship fits the situation
- Maps family branches and two witness candidates
- Lists what the §203.002 statutory form asks for
- Shows verified recording fees for Travis and Harris counties
- The tool cannot
- Identify lawful heirs or calculate shares
- Create a signable or recordable affidavit
- Guarantee that a title company, buyer, or lender will accept it
- Give legal advice or represent you
- When rules change
- We re-check these sources at least every 90 days and after each regular Texas legislative session. When a statute, court form, or county fee changes, we update the tool and this page, change the date above, and record the change in the Texas rule update log (feed).
Common questions
Where do I record an affidavit of heirship in Texas?
In the deed records of the county where the property is located (Texas Estates Code §203.001(a)(2)), not with the probate court.
How much does it cost to record an affidavit of heirship?
Travis and Harris counties charge $25 for the first page and $4 for each additional page (checked 2026-09-24). Other counties may differ.
Does an affidavit of heirship cut off other heirs?
No. It does not affect the rights of an omitted heir or a creditor of the decedent (Texas Estates Code §203.001(d)).