Affidavit of Heirship

What is an Affidavit of Heirship?

An Affidavit of Heirship is a sworn legal document signed under oath that identifies the heir(s) to real property when the decedent died without a will.  Although it is recorded in the deed records in the county in which the decedent’s real property is located, it does not actually transfer title to real property. Under Chapter 203 of the Texas Estates Code, it becomes evidence about the property after it has been recorded for five (5) years.

Who should sign an Affidavit of Heirship?

An Affidavit of Heirship should be signed by two (2) disinterested witnesses who:

• Knew the decedent;
• Were not indebted to by the decedent;
• Knew the true identity of the family members and heir(s);
• Knew the date of death and location of death of the decedent; and
• Will not gain financially from the decedent.

Can an Affidavit of Heirship also be used to transfer title to  a motor vehicle or mobile home?

Yes.

What statute governs the Affidavit of Heirship?

Chapter 203 of the Texas Estates Code.