Texas Affidavit of Heirship (2026)
A Texas affidavit of heirship states the family history of a person who died without a probated will. Texas Estates Code §203.002 provides its form; it must be signed before a notary and is recorded in the county deed records, where after 5 years it becomes evidence of the facts.
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Texas: key facts
- Legal basis
- Texas Estates Code §§203.001–203.002
- Notary
- Required — signed before a notary. An unsworn declaration is not accepted for instruments recorded with the county clerk.
- Where it is recorded
- Deed records of the county where the property is located (county clerk).
- Who should sign
- Someone who knew the family well and does not inherit.
- Effect
- After 5 years of record it is evidence of the facts; it does not by itself transfer title.
Official source: Texas Estates Code Chapter 203 · Last reviewed: October 2026
Frequently asked questions
- Can an heir sign the affidavit of heirship?
- It is better signed by someone who knew the family and does not inherit; title companies often require that.
- Does it transfer the house?
- No. It records family facts; title companies or a court may require more to transfer title.
- Does it need a notary?
- Yes. DoneDoc prepares it for signing before a notary in every state.
- Can I get it in Spanish?
- Yes. You sign the English document and also receive a Spanish reference translation and Spanish instructions.
DoneDoc provides self-help forms and is not a law firm. We recommend having your document reviewed by a licensed attorney in your state before signing.
Other Texas affidavits
Affidavit of ResidenceSmall Estate AffidavitAffidavit of Financial SupportIdentity Theft AffidavitLost Title Affidavit
Other states
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