Texas Estates Code · Chapter 203
Affidavit of Heirship
An affidavit of heirship is the quiet workhorse of Texas title work: a sworn, recorded statement of who a person’s heirs are. When someone dies without a will and the real question is who now owns the house, an affidavit of heirship can establish the heirs in the county records without a court proceeding. It is evidence, though, not a deed, and it has real limits. Below is the statute, in plain English, a guide to whether it fits, and how it is used in Harris County.
What it is
A sworn, recorded statement of a decedent’s heirs, used mainly to establish the chain of title to real property.
Who uses it
Heirs of someone who died with no will, usually to clear title to an inherited house, often at a title company’s request.
What it does not do
It does not transfer title like a deed, pay debts, or bind an omitted heir or a creditor.
Where it is recorded
The Harris County real property (deed) records, where the property is located.
Is an Affidavit of Heirship the Right Tool?
Answer a few questions to see whether Chapter 203 fits, or whether another procedure gets you there more cleanly. This is general information, not legal advice about your specific estate.
Did the person leave a valid will?
Logic follows Tex. Est. Code § 203.001 and related procedures (Ch. 202, 205, 401). Read the text below.
What an Affidavit of Heirship Is, and What It Cannot Do
An affidavit of heirship is nonjudicial evidence. Someone who knew the family swears to a statement of the decedent’s family history and heirs, it is recorded in the county deed records, and a court will receive it as prima facie evidence in a heirship suit or a title dispute. Nobody has to open a probate to create one, which is what makes it fast and inexpensive.
It is, above all, a title tool. When an intestate estate’s main asset is a house and no administration is needed, an affidavit of heirship documents who inherited so a title company will insure a sale or a lender will refinance. But the limits are the whole story. It does not transfer title the way a deed does; it establishes who the heirs are, and those heirs then sign the deed. It becomes automatic prima facie evidence only after five years on record, so a fresh affidavit is persuasive but not yet conclusive. And it does not cut off an omitted heir or a creditor, whose rights survive it.
One practical point trips up many families. Chapter 203 requires the statement to be sworn before a notary; it does not, by its own terms, require witnesses. In practice, though, an affidavit of heirship is signed by the heirs and corroborated by two disinterested witnesses, people who knew the family but inherit nothing, because that is what Harris County title companies expect before they will rely on it.
Affidavit of Heirship vs. the Alternatives
| Procedure | Best when | Court proceeding? | Binding on everyone? |
|---|---|---|---|
| Affidavit of Heirship (Ch. 203) | Clearing title to an inherited house, no dispute | No, recorded affidavit | No, prima facie after 5 years |
| Determination of Heirship (Ch. 202) | A binding ruling on who the heirs are is needed | Yes, court judgment | Yes |
| Small Estate Affidavit (Ch. 205) | Small intestate estate, collecting accounts | Filed, judge approves | Limited |
| Independent Administration (Ch. 401) | Debts to pay, assets to manage, or a larger estate | Yes | Yes |
An affidavit of heirship is the lightest touch and the least conclusive. When you need certainty, because a transaction is large, a title company is nervous, or the heirs disagree, a determination of heirship (Chapter 202) gives a binding judgment an affidavit cannot. We can tell you which the situation calls for.
How an Affidavit of Heirship Works in Harris County
Chapter 203 is state law, but the affidavit lives or dies on whether a Harris County title company will accept it. Here is what that looks like in practice:
- Where it is recorded. The affidavit is recorded in the Harris County real property (deed) records, through the County Clerk, in the county where the property sits. Recording is what puts it in the chain of title and starts the five-year clock.
- The title company drives it. An affidavit of heirship is only useful if the title company on a sale or refinance will rely on it. Many do, especially for an affidavit that has been recorded for years. For an imminent sale or a recently recorded affidavit, the company may want more support or a determination of heirship instead.
- The two disinterested witnesses. Though the statute asks only for a notary, Harris County title practice expects two witnesses who knew the family and inherit nothing. Lining them up early, and preparing them for what they are swearing to, matters.
- No court, but no ruling either. The affidavit is nonjudicial, which is why it is fast and cheap. The trade is that it is evidence, not a judgment, and it does not bind an omitted heir or a creditor.
- Under five years old. A fresh affidavit is persuasive but not yet automatic prima facie evidence, so for a near-term sale, plan around that timing, or consider a determination of heirship if the buyer’s title company needs certainty now.
The practical takeaway
An affidavit of heirship is the cheapest way to document who inherited a house, when it fits and when the title company will take it. If you want it prepared correctly, or you are not sure it will clear the sale, our affidavit of heirship practice handles the drafting, the witnesses, and the recording, and will tell you when a determination of heirship is the safer call.
What the Affidavit Must State (Section 203.002)
The statute prints a template, so a Harris County title company knows what to expect. In plain terms, the affidavit walks an affiant who knew the family through the following:
- Who the affiant is, and that they personally know the decedent’s family and marital history.
- When the affiant knew the decedent, and the date, place, and residence at death.
- The decedent’s full marital history, including a deceased spouse’s date and place of death.
- Every child of the decedent, with the other parent and current address, or the child’s death and descendants.
- That the decedent had or raised no other children, or naming any who are not listed.
- The decedent’s mother and father, when there are no surviving descendants.
- The decedent’s siblings and their descendants, when there are no descendants or surviving parents.
- That the decedent died without a will (modified if there was one).
- That there has been no administration of the estate (modified if there has been).
- Any unpaid debts of the estate, or a statement that there are none.
- Any unpaid estate or inheritance taxes, or a statement that there are none.
- The real property in which the decedent owned an interest.
The demanding parts are the family tree and the sworn statements that there was no will and no unpaid debts beyond what is listed. An error there is what gets an affidavit challenged later, which is why the family history has to be right, not approximate.
The Statute: Texas Estates Code Chapter 203
Chapter 203, on nonjudicial evidence of heirship. The text below is the operative language, public record, with a plain-English note under each section. The complete official version, including the full fill-in-the-blank form, is on the Texas Legislature site.
Sec. 203.001. Recorded Statement of Facts as Prima Facie Evidence of Heirship
(a) A court shall receive, in a proceeding to declare heirship or a suit involving title to property, a statement of facts concerning the family history, genealogy, marital status, or identity of the heirs of a decedent as prima facie evidence of the facts it contains if: (1) the statement is in an affidavit or other instrument legally executed and acknowledged or sworn to before, and certified by, an officer authorized to take acknowledgments or oaths, or in a judgment of a court of record; and (2) the affidavit or instrument has been of record for five years or more in the deed records of a county in which the property is located, or in which the decedent was domiciled or had a fixed place of residence at death.
(b) If there is an error in a statement of facts in the recorded affidavit or instrument, anyone interested in a proceeding in which it is offered may prove the true facts.
(c) An affidavit of facts concerning the identity of a decedent’s heirs as to an interest in real property may be in the form prescribed by Section 203.002.
(d) An affidavit of facts concerning the identity of a decedent’s heirs does not affect the rights of an omitted heir or creditor of the decedent as otherwise provided by law. This section is cumulative of all other statutes on the same subject.
This is the heart of Chapter 203. A sworn, recorded statement of who the heirs are is treated by a court as prima facie evidence, meaning a strong starting presumption, of those facts, but only once it has been on file in the county deed records for five years or more. Two limits ride along with it: anyone can still come in and prove the real facts if the affidavit is wrong, and the affidavit does not cut off an omitted heir or a creditor.
Sec. 203.002. Form of Affidavit Concerning Identity of Heirs
An affidavit of facts concerning the identity of a decedent’s heirs may be in substantially the form set out in this section: a sworn statement in which the affiant, someone who knew the family, walks through the decedent’s death and residence, the full marital history, each child and their descendants, the parents and siblings where relevant, whether the decedent left a will, whether there has been an administration, any unpaid debts and taxes, and the decedent’s real property.
The statute prints a fill-in-the-blank form, so there is a recognized template a Harris County title company will already know how to read. It is not a light document: it asks the affiant to account for the whole family tree and to swear the decedent left no will and no unpaid debts beyond what is listed. We break down what each part is really asking below.
Source: Texas Estates Code, Chapter 203, published by the Texas Legislative Council at statutes.capitol.texas.gov. Statutory text is in the public domain. The plain-English notes, Harris County guidance, and the which-tool guide are original and © Houston Probate Attorney.
Affidavit of Heirship Questions
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