Free Texas estate form · Tex. Est. Code ch. 203
Texas Affidavit of Heirship
A Texas affidavit of heirship is a sworn statement, in the form set out in Tex. Est. Code §203.002, of who inherits from someone who died: their marriages, children, parents and siblings. It is signed before a notary and recorded in the county deed records. After 5 years of record it is prima facie evidence of those facts (§203.001).
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Law and county facts checked November 14, 2026.
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Tex. Est. Code §203.002
What is an affidavit of heirship in Texas?
It is a sworn statement by someone who knew the person who died, setting out the family facts: marriages, children, parents and siblings where relevant, debts, taxes, real property and the heirs (Tex. Est. Code §203.002). It is signed before a notary. It is not filed in court; it is recorded in the county deed records.
Tex. Est. Code §203.002
Who can sign an affidavit of heirship in Texas?
The statutory form is signed by one affiant who knew the person who died and can swear to the family facts (Tex. Est. Code §203.002). The affiant signs under oath before a notary. A title company or the county may have its own requirements, such as a second affiant, so ask before anyone signs.
Tex. Est. Code §203.001
Where do I record an affidavit of heirship?
In the deed records of the county where the property is, or of the county where the person who died lived (Tex. Est. Code §203.001). The deed records are kept by the county clerk's office; ask it for the current recording fee and any page requirements.
Where to record it
Record the signed affidavit in the deed records of the county where the property is, or where the person who died lived (Tex. Est. Code §203.001). If there is property in more than one county, ask each county's clerk.
Ask the county clerk's office for the recording fee and its page requirements before you print. The tool leaves a blank band at the top of page 1 for the recording stamp and asks for the address the clerk returns the original to.
Tex. Est. Code §203.001
Is an affidavit of heirship enough to sell the house?
Not always. A recorded affidavit becomes prima facie evidence of the family facts only after 5 years of record, and it does not cut off the rights of an heir it left out or of a creditor (Tex. Est. Code §203.001(a), (d)). Until then a title company decides what it needs to insure a sale and may ask for more, so ask it first.
Tex. Est. Code §203.001
How much does an affidavit of heirship cost in Texas?
Filling it in here is free. You pay the notary if they charge, and the county clerk's recording fee; ask the clerk for the current amount. It doesn't go to court, so there is no probate filing fee.
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Can I use an affidavit of heirship if there was a will?
This tool is built for families where the person died without a will, and it stops if there was one. If there is a will, talk to a lawyer about probating it.
Tex. Est. Code §§203.001, 205.001
Small estate affidavit vs. affidavit of heirship: which do I need?
A small estate affidavit is filed with the probate court, needs a judge's approval, and lets the heirs collect up to $75,000 of property (not counting the homestead and exempt property) without probate (Tex. Est. Code §205.001). An affidavit of heirship never goes to court: it is a sworn statement of the family facts, recorded in the county deed records (§§203.001, 203.002). The table compares them side by side.
| Small estate affidavit | Affidavit of heirship | |
|---|---|---|
| Law | Tex. Est. Code ch. 205 | Tex. Est. Code ch. 203 |
| What it does | Lets the heirs collect the estate without a personal representative (§205.001) | States the family facts and who the heirs are (§203.002) |
| Will | Only if there was no will (§205.001) | This tool: only if there was no will |
| Dollar limit | $75,000, not counting the homestead and exempt property (§205.001) | None in chapter 203 |
| Waiting period | More than 30 days after the death (§205.001) | None in chapter 203 |
| Who signs | Two disinterested witnesses and each heir with legal capacity (§205.002) | One affiant who knew the person who died (§203.002) |
| Court | Filed with the county clerk; a judge must approve it (§205.003) | No court; recorded in the county deed records (§203.001) |
| The house | Only the homestead, for a surviving spouse or minor children (§§205.006, 205.009) | Evidence of the heirs, not a court order; prima facie after 5 years of record (§203.001) |
| County fee | $360–$404 filing fee in the counties we checked | Recording fee: ask the clerk |
| On Agreedly | Free | Free |
Texas Comptroller
How do I claim a parent's unclaimed money in Texas?
Search ClaimItTexas, the Texas Comptroller's unclaimed property site, for the person's name. To claim as an heir, the Comptroller has its own affidavit of heirship form, 53-111-b. For a car or truck, the Texas DMV uses form VTR-262.
Tex. Gov't Code §83.001
Is this really free?
Yes. There is no account and no payment, and nothing you type is stored. Texas law lets only a licensed attorney charge for preparing a document that affects title to real property (Tex. Gov't Code §83.001), so this will stay free. Agreedly is not a law firm and not a government website.
When you need a lawyer
These forms are for simple, agreed family situations. Talk to a Texas lawyer first if any of these is true:
- There is a will, or someone has already asked the court to appoint an executor or administrator.
- The assets are over $75,000 not counting the homestead and exempt property, or there is land other than the homestead.
- The house would go to adult children rather than to a surviving spouse or minor children.
- An heir is under 18 or incapacitated, or the family history is unclear or disputed.
- The person received Medicaid (the state's Medicaid Estate Recovery Program may have a claim), or there are unpaid debts, a mortgage, a reverse mortgage or a home-equity loan.
- You are unsure about anything you would be swearing to. Each signer of a small estate affidavit is personally liable for losses caused by relying on it (Tex. Est. Code §205.007(c)).
The State Bar of Texas Lawyer Referral & Information Service can set up a 30-minute consultation with a lawyer for $20.
Related
- Texas small estate affidavit — For collecting up to $75,000 without probate, with a judge's approval.
- Died without a will in Texas: the three ways heirs get the property
Sources
Every legal statement on this page comes from these primary sources, each read on the date shown.
- Tex. Est. Code §203.002 · read on November 14, 2026
An affidavit of facts concerning the identity of a decedent's heirs may be in substantially the form set out in §203.002: the affiant's acquaintance with the decedent, the death, marital history, children, parents and siblings where relevant, debts, taxes, real property and the heirs, sworn before a notary.
- Tex. Est. Code §203.001(a), (d) · read on November 14, 2026
A recorded affidavit is prima facie evidence of the family facts it states once it has been of record for five years or more in the deed records of the county where the property is, or where the decedent was domiciled. It does not affect the rights of an omitted heir or a creditor.
- Tex. Est. Code §205.001 · read on November 14, 2026
Distributees of someone who died without a will take the estate without a personal representative if 30 days have passed since death, no petition for a personal representative is pending or granted, the estate assets (excluding homestead and exempt property) are $75,000 or less, the affidavit is filed with the court clerk, and the judge approves it.
- Tex. Est. Code §§205.003, 205.004 · read on November 14, 2026
The judge examines the affidavit and may approve it if it conforms to chapter 205. Distributees then give a clerk-certified copy to anyone who owes the estate money or holds its property.
- Tex. Gov't Code §§83.001, 83.005, 83.006, 81.101(c) · read on November 14, 2026
Only a licensed Texas attorney (or a broker acting under Occupations Code ch. 1101, or for mineral interests) may charge or receive, directly or indirectly, compensation for preparing a legal instrument affecting title to real property, including a deed. A payer may recover the fee, three times the fee as damages, costs and attorney's fees.
- Tex. Gov't Code §81.101(c) · read on November 14, 2026
Computer software and website forms are not the practice of law if the products clearly and conspicuously state that they are not a substitute for the advice of an attorney.