When someone in Texas dies without a will and owned land, the family usually needs a way to show who inherited it. An affidavit of heirship is a sworn statement of the family facts: marriages, children, parents, siblings. Recorded in the county deed records, it is a common way to clear that question without a full court case.
This page explains what Chapter 203 of the Texas Estates Code says about the affidavit, who inherits under Texas law when there is no will, and gives you the statutory form as a free PDF and Word download.
The short answer
Texas Estates Code section 203.002 provides a form: “AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS”. Someone with personal knowledge of the family signs it under oath before a notary, and it is recorded in the deed records. Once it “has been of record for five years or more”, a court must receive it as prima facie evidence of the facts it states (section 203.001). It does not override the rights of an omitted heir or a creditor.
What an affidavit of heirship does, and what it does not
| It does | It does not |
|---|---|
| Put the decedent’s family history on public record in the county deed records. | Transfer property by itself. It records facts; Texas inheritance law decides who owns what. |
| Become prima facie evidence of those facts in a heirship case or a suit over title, once recorded for five years or more (203.001(a)). | “Affect the rights of an omitted heir or creditor of the decedent” (203.001(d)). |
| Give title companies and buyers a sworn record of who the heirs are. | Stop anyone from proving the true facts if the statement contains an error (203.001(b)). |
Five years is the key number. To count as prima facie evidence, the affidavit must have been recorded for five years or more “in the deed records of a county in this state in which the property is located” when the lawsuit starts, or in the county where the decedent lived at death.
Who signs it
The person signing, the affiant, swears that they are “personally familiar with the family and marital history” of the decedent and have “personal knowledge of the facts stated in this affidavit”. The form then asks for how long the affiant knew the decedent.
The statute’s form has no witness lines. It is a single sworn affidavit, signed by the affiant before a notary (“Sworn to and subscribed to before me”). A title company or anyone else who will rely on the affidavit may have its own requirements. Ask them what they need before anyone signs, so you only record it once.
You may read online that Texas now requires two witnesses. That comes from a 2025 bill, S.B. 648, which would have required two witnesses and the signature of each living heir when an individual records an affidavit of heirship. The Governor vetoed it on June 22, 2025, so it did not become law.
What goes in the affidavit
The section 203.002 form has 16 numbered items. In practice, these are the facts to gather first:
- The decedent’s date and place of death and last address.
- Full marital history, including the date and place of death of any spouse who died first.
- Every child: name, birth date, other parent, current address, or date of death and that child’s descendants.
- A statement that the decedent had, adopted or raised no other children, or a list of them.
- If there were no descendants: the decedent’s parents, and if needed their siblings and siblings’ descendants.
- Whether there was a written will and whether the estate was ever administered.
- Any unpaid debts and any unpaid estate or inheritance taxes.
- The real property the decedent owned an interest in. Use the legal description from the deed, not just the street address.
Who inherits in Texas when there is no will
The affidavit only records facts. Who inherits from those facts is set by Chapter 201 of the Estates Code. The rules depend on whether the decedent left a spouse, on children from other relationships, and on whether property was community property or separate property.
| Family left behind | Community property | Separate property |
|---|---|---|
| No spouse; children | Everything to the children and the descendants of a deceased child (201.001(b)). | |
| No spouse, no descendants | To the parents in equal shares. If one parent died, half to the surviving parent and half to the siblings and their descendants, or all to the surviving parent if there are none. If both parents died, all to the siblings and their descendants (201.001(c)-(e)). | |
| Spouse; all children are also the spouse’s | All to the surviving spouse (201.003(b)). | Spouse takes one-third of personal property and a life estate in one-third of the land; the rest goes to the children (201.002(b)). |
| Spouse; a child from another relationship | The decedent’s half of the community passes to all of the decedent’s children and descendants, including any children shared with the surviving spouse (201.003(c)). The surviving spouse keeps their own half. | As above: one-third of personal property and a life estate in one-third of the land to the spouse (201.002(b)). |
| Spouse; no descendants | All to the surviving spouse (201.003(b)). | Spouse takes all personal property and half the land; the other half goes to the parents, siblings or siblings’ descendants under section 201.001, or all to the spouse if there are none (201.002(c)-(d)). |
These are the main cases, simplified. Blended families, adopted children and deceased heirs change the shares, so check the statute or ask an attorney before relying on the table.
When an affidavit is not enough
- The family facts are disputed. If heirs disagree about a marriage or a child, a court proceeding to declare heirship gives a judgment instead of a sworn statement.
- There is a will. A will is usually probated. Item 10 of the form must be changed if the decedent left a written will.
- Debts or taxes are unpaid. The form asks you to list them; a title company may not insure a sale until they are dealt with.
- The estate is mostly bank accounts and cars. A small estate affidavit filed with the court may fit better.
Free Texas affidavit of heirship form
Download the section 203.002 form in PDF or Word, with room for each child and sibling, the notary block and a short checklist for recording it.
Texas affidavit of heirship: common questions
Does an affidavit of heirship need to be notarized in Texas?
Yes. The section 203.002 form is sworn and subscribed before a notary, and section 203.001 refers to an affidavit “legally executed and acknowledged or sworn to before, and certified by, an officer authorized to take acknowledgments or oaths”.
Where do I file an affidavit of heirship?
In the deed records of the county where the real property is located. Section 203.001 also counts records in the county where the decedent lived at death.
Does an affidavit of heirship transfer title?
No. It records the family facts. Texas inheritance law in Chapter 201 decides who owns the property from those facts.
How long until an affidavit of heirship is effective?
It can be recorded right away, but it becomes prima facie evidence in court only after it “has been of record for five years or more” (203.001(a)(2)).
Can an heir sign the affidavit?
Section 203.002 does not say who may or may not be the affiant; it requires personal knowledge of the family. (A 2025 bill that would have changed the signing rules, S.B. 648, was vetoed.) If a title company will rely on the affidavit, ask whether it has its own rules about who signs.
Related
- Small estate affidavit: limits and procedures in 12 states
- Texas last will and testament
- Last will rules by state
- General affidavit form
How this page was checked
The affidavit rules and form come from Texas Estates Code Chapter 203 (sections 203.001 and 203.002). The inheritance table comes from Chapter 201 (sections 201.001 to 201.003). Both were read in full on the Texas Legislature’s official statutes site. The status of S.B. 648 (vetoed June 22, 2025) comes from its bill history on capitol.texas.gov.
Last verified: October 2026. We do not advance this date without re-checking the sources. Recording fees and county requirements vary: ask the county clerk before you file.
LegalTemplateVault is not a law firm and does not provide legal advice. Compiled and edited by Daniel Mercer, editor of LegalTemplateVault. He is not an attorney, and neither is anyone else on this site: we compile primary sources and cite them so you can check them yourself.