Texas Affidavit of Heirship: What It Does and Selling Inherited Property
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Last updated November 14, 2026. Citations come from the Texas statutes and official agency pages linked in Sources. Where we could not confirm something on an official page, we say so.
A Texas affidavit of heirship is a sworn statement of a decedent’s family history that is recorded in the county deed records, and under Estates Code Sec. 203.001 a court treats it as prima facie evidence of the facts once it has been of record for five years. The statute does not say that the affidavit by itself transfers title, and we did not find an official page that says so. Read this guide before relying on one to sell a house.
What the statute says it is
Under Sec. 203.001, a court in a heirship proceeding or a suit involving title must receive a statement of facts about family history, genealogy, marital status or the identity of heirs as prima facie evidence if two things are true.
The statement is in an affidavit or instrument legally executed and acknowledged or sworn before an officer authorized to take oaths, or in a court judgment. And the affidavit has been of record for five years or more in the deed records.
The five years can run in the deed records of a county where the property is located when the title suit begins, or the county where the decedent lived at death. If a recorded affidavit contains an error, anyone interested in the proceeding can prove the true facts. It does not affect the rights of an omitted heir or a creditor of the decedent (Sec. 203.001).
The suggested form
Sec. 203.002 gives language that an affidavit may follow in substantially this form. It covers what the affiant knows, the decedent’s date of death and residence, marital history, children, parents and siblings if there are no descendants, whether there was a will or administration, debts, unpaid estate or inheritance taxes, real property owned and the heirs.
The affiant should be someone with personal knowledge of the family. The affidavit is signed before a notary or other authorized officer and then recorded with the county clerk where the property is located or where the decedent was domiciled.
Where it is used
- As evidence in a suit about title or a proceeding to declare heirship, once of record five years (Sec. 203.001).
- As one of the filings an heir needs to claim co-heirs’ shares by adverse possession (CPRC Sec. 16.0265). See Texas squatters rights and adverse possession.
- As a comparison point for a small estate affidavit. That affidavit can transfer a decedent’s homestead when it is the only real property in the estate, and a buyer who relies on it without notice of an undisclosed heir takes free of that heir’s interest, subject to creditor claims (Estates Code Sec. 205.006).
What we could not confirm
We did not confirm whether title companies or lenders accept an affidavit of heirship for a sale before it has been of record five years. The statute addresses weight as evidence in court, not closing practice.
We also did not open the statute on judicial declarations of heirship in Chapter 202, county recording fees or e-recording rules. If you plan to sell, ask your title company early what it needs, since it will decide what documents it requires.
Other ways inherited property moves
Depending on whether there was a will, an inherited house may move through a muniment of title, a small estate affidavit, probate or intestate succession.
How to sell a house in Texas when you inherited it and the paperwork is unclear
- Find out what the title company needs. For an inherited or transferred house, that usually means the recorded document that shows who owns it today.
- Get a payoff for any mortgage and the amount of any unpaid property tax. Both are paid from the sale proceeds at closing.
- Compare offers on what you net after repairs, commissions and closing costs, not on the headline price.
- If you want a fast, simple closing, ask for a written cash offer. We buy houses as-is, with no repairs and no agent commission. See how we buy houses in Texas.
Texas affidavit of heirship FAQ
What is an affidavit of heirship in Texas?
A sworn statement of a decedent's family history that is recorded in the deed records. Estates Code Sec. 203.001 makes it prima facie evidence in court after it has been of record five years.
Does an affidavit of heirship transfer title?
The statute we reviewed does not say that it does. It addresses evidence in court (Sec. 203.001).
Where is it recorded?
In the deed records of the county where the property is located or where the decedent was domiciled (Sec. 203.001).
Can an omitted heir still claim?
Yes. The statute says the affidavit does not affect the rights of an omitted heir or a creditor (Sec. 203.001).
Sources
- Texas Estates Code, Chapter 203 (Affidavits of heirship)
- Texas Estates Code, Chapter 205 (Small estate affidavit)
- Texas Civil Practice and Remedies Code, Chapter 16
This guide is general information, not legal or tax advice. Laws, forms and fees change, so confirm details with the official office or a Texas attorney or tax professional.