Affidavit of Heirship in Texas: Selling an Inherited House

What this means for you

This page is general information, not legal advice. HTX Sell My House is not a law firm. We do not prepare, review or help fill in affidavits of heirship. For that, see where to find a lawyer below.

If you inherited a house in Texas and there was no will, the affidavit of heirship is the route most families ask about first. It costs little to record and needs no court. It works when the family history is simple, everyone who inherited agrees, and the title company will insure a buyer on it.

Do these four things before you count on it:

1. Find out whether there is a will. If one exists and it was never probated, say so to the title company.
2. List every heir. The statute's form asks for every marriage, every child (including children who died and their descendants) and, when there are no descendants, the parents and siblings (Texas Estates Code §203.002, read 2026-10-21).
3. Call a title company early. Ask whether it will insure a sale on an affidavit of heirship for this death, what it will need from each heir, and how long its review takes. The answer decides your route.
4. Choose the route with the title company's answer in hand. The table below sets the routes side by side.

If the affidavit is not enough, the house can still be sold. It may take a court route first. Nothing on this page guarantees that you can avoid probate.

When a title company accepts an affidavit of heirship

The title company is the one that has to say yes. Two statewide sources describe the same practice. TexasLawHelp says a title company usually accepts the affidavit to show the chain of title for a sale, and that heirs should check with theirs (TexasLawHelp, read 2026-10-21). The State Law Library says title companies commonly accept them, that there is some risk to the buyer, and that no law requires anyone to accept one (Texas State Law Library, read 2026-10-21).

The risk comes from what the affidavit cannot do. The statute says an affidavit about the heirs does not affect the rights of an omitted heir or a creditor (Texas Estates Code §203.001(d), read 2026-10-21). The recorded statement becomes prima facie evidence only after it has been of record for five years or more (Texas Estates Code §203.001(a), read 2026-10-21). Separately, a buyer who purchases from the heirs in good faith more than four years after the death, without knowing of a will, holds good title against a will offered later (Texas Estates Code §256.003(c), read 2026-10-21).

That is why a recent death or a recent affidavit gets more questions. Each title company sets its own requirements, so ask yours what it needs.

What the two witnesses swear to

TexasLawHelp lists what a witness to an affidavit of heirship swears to (TexasLawHelp, read 2026-10-21):

• that they knew the person who died;
• that the person owed no debts;
• the true identity of the family members and heirs;
• the date and place of death;
• that the witness will not gain financially from the estate.

TexasLawHelp suggests a friend of the family or a neighbor. If no unrelated person can be found, a family member who will not benefit may sign (TexasLawHelp, How to Draft an Affidavit of Heirship, read 2026-10-21).

What can stop an affidavit-of-heirship sale

• A will turns up. TexasLawHelp says the affidavit is used most of the time when there was no will, or a will was not probated within four years (TexasLawHelp, read 2026-10-21).
• Debts. The witnesses swear the person owed no debts, and the form lists unpaid debts and taxes (Texas Estates Code §203.002, read 2026-10-21).
• An heir who cannot be found, or who will not sign. See when heirs disagree.
• Medicaid estate recovery. If the owner received Medicaid long-term care services at age 55 or older, Texas Health and Human Services may file a claim against the estate. It says it will not ask for money when there is a surviving spouse, a child under 21, an estate of $15,000 or less, and in other listed cases (Texas HHS, Your Guide to the Medicaid Estate Recovery Program, read 2026-10-21).

How to record an affidavit of heirship in Harris County

Every Texas county records these in its own deed records and sets its own fees (TexasLawHelp, How to Draft an Affidavit of Heirship, read 2026-10-21). Here is the Harris County Clerk's process.

1. Prepare the affidavit. The free official starting points are the model form in Texas Estates Code §203.002 and the TexasLawHelp sample affidavit. TexasLawHelp says its sample is a drafting guide, not a fill-in-the-blank form, and should not be filed as it reads (TexasLawHelp, read 2026-10-21). A probate attorney can prepare it for you.
2. Sign before a notary. Each person who signs swears to the affidavit before a notary public (TexasLawHelp, read 2026-10-21).
3. Record it with the Harris County Clerk's Real Property Department. The Clerk accepts original documents or certified copies of court documents, in person with a photo ID, by mail, or electronically through an eRecord provider. Mail goes to the Harris County Clerk, P.O. Box 1525, Houston, TX 77251-1525, with the fee; the Clerk lists cashier's checks and money orders for mail and does not accept personal, estate or trust checks. Electronic recording is open to licensed attorneys, title companies, banks and the other filers the Local Government Code lists (Harris County Clerk, Real Property, read 2026-10-21).
4. Pay the recording fee. $25 for the first page ($5 first page fee, $10 archive fee and $10 records management fee), $4 for each added page, and $0.25 for each name over five that has to be indexed (Harris County Clerk real property fee schedule, read 2026-10-21). TexasLawHelp suggests asking whether two affidavits with the same decedent and property description can be filed as one document (TexasLawHelp, read 2026-10-21).
5. Give the recording information to the title company. It reviews the recorded affidavit with the rest of the title and tells you what else it needs before closing.

The Clerk processes e-recorded documents queued before 2:00 p.m. central time the same business day, and later ones the next business day (Harris County Clerk, Real Property, read 2026-10-21). It gives no processing time for mail or in-person filing. We found no state source that publishes a typical time from recording to closing; the title company's review is the step that varies.

Affidavit of heirship vs muniment of title vs probate

Costs below are Harris County court and recording fees. Attorney fees are not included, and we have no official source for them. No Texas or Harris County source we read publishes a typical length for any route, so the timeline column shows only the time limits the statutes set.

TexasLawHelp says the only probate proceedings you can handle without a lawyer are those where you truly represent only yourself, such as a muniment of title when you are the sole beneficiary and the only debts are tied to the home (TexasLawHelp, Probate Court and Representing Yourself, read 2026-10-21).

When heirs disagree about selling

Heirs who inherit a house together each own a share. If they cannot agree, Texas law gives each joint owner a way out.

Partition, Property Code chapter 23. A joint owner of real property may compel a partition of the property among the joint owners (Texas Property Code §23.001, read 2026-10-21). The suit is brought in a district court of a county where any part of the property is (Texas Property Code §23.002, read 2026-10-21). The court awards a reasonable fee to the commissioners and any surveyor it appoints, collected as court costs (Texas Property Code §23.005, read 2026-10-21).

Heirs' property, Property Code chapter 23A. The Uniform Partition of Heirs' Property Act applies when the court finds the house is heirs' property: no agreement binds all the co-owners, at least one got title from a relative, and 20 percent or more of the interests are held by relatives or by one person who got title from a relative, or 20 percent or more of the co-owners are relatives (Texas Property Code §23A.002, read 2026-10-21). Then the court, in this order (Texas Property Code §23A.006 to §23A.010, read 2026-10-21):

1. sets the fair market value, usually through a disinterested appraiser;
2. if a co-owner asked for a sale, lets the co-owners who did not ask buy out those who did, at that value times their share, with 45 days after notice to elect;
3. divides the property in kind unless that would substantially prejudice the co-owners as a group;
4. orders a sale only if it does not divide it, and that sale is an open-market sale through a broker unless sealed bids or an auction would serve the co-owners better.

A partition suit is a lawsuit. Before anyone files one, families often look at a buyout among the heirs, or at selling together and splitting the proceeds. Talk to a lawyer about which fits your family.

Selling the inherited house once title is clear

Once the title company says it can insure a sale, you have the same choices as any owner. You can list the house with an agent, sell to a buyer you find, or keep it.

If the house is in Houston, HTX Sell My House is one more option, in one of two ways. We buy it: we make an offer and close the purchase with you. We take it to the builders for you: for an older house on a good lot, we bring it to the builders buying in that area and you take the best offer, with one contract. Either way you pay nothing to talk to us, you see the buyer's name in writing before you sign, and if another route nets you more, we tell you so.

If several heirs own the house, call us once the family agrees on selling.

Where to find a lawyer

We get nothing for pointing you to these services.

• Houston Lawyer Referral Service: a nonprofit certified by the State Bar of Texas that refers callers in Harris, Montgomery, Fort Bend, Brazoria and Galveston counties, including to probate, wills and estates attorneys. It says referrals are free and the first 30-minute consultation is at a reduced fee. Call (713) 237-9429 (Houston Lawyer Referral Service, read 2026-10-21).
• State Bar of Texas Lawyer Referral and Information Service: for counties without their own certified referral service. Call (800) 252-9690 (State Bar of Texas, read 2026-10-21).
• TexasLawHelp.org: free legal information, forms and a guide to applying for legal aid if your income is limited (TexasLawHelp, read 2026-10-21).

Terms used on this page

• Affidavit of heirship: a sworn statement of a deceased person's family history, recorded in the deed records, used to show who the heirs are. Texas Estates Code chapter 203 calls it nonjudicial evidence of heirship (Texas Estates Code, read 2026-10-21).
• Heir: a person who inherits under Texas law when there is no will.
• Disinterested witness: a person who knew the deceased and has no interest in the estate.
• Prima facie evidence: evidence a court accepts as true unless someone proves otherwise.
• Title company: the company that examines the ownership record and issues title insurance to the buyer.
• Muniment of title: a probate in which the court admits a will and its order serves as the record of title, with no executor.
• Determination of heirship: a court proceeding that declares who the heirs are and their shares.
• Probate with administration: a court case in which an executor or administrator is appointed to handle the estate.
• Attorney ad litem: a lawyer the court appoints in an heirship case to represent heirs whose names or locations are unknown (Texas Estates Code §202.009, read 2026-10-21).
• Partition: a court division or sale of property that several people own together.

Questions people ask

What is an affidavit of heirship in Texas?

It is a sworn statement of a deceased person's family history, signed before a notary and recorded in the deed records of the county where the property is. It identifies the heirs when there is no will, but it does not transfer title by itself (TexasLawHelp and Texas Estates Code chapter 203, read 2026-10-21).

Can I sell an inherited house in Texas without probate?

Sometimes. If there was no will, an affidavit of heirship recorded in the county deed records is often enough for a title company to insure a sale, but no law requires it to accept one (Texas State Law Library, read 2026-10-21). Ask the title company before you choose a route.

Will a title company accept an affidavit of heirship in Texas?

Usually, according to TexasLawHelp, which still tells heirs to check with their title company (TexasLawHelp, read 2026-10-21). Each company sets its own requirements, and a recent death or a recent affidavit gets more questions.

How much does it cost to record an affidavit of heirship in Harris County?

$25 for the first page, $4 for each added page and $0.25 for each name over five indexed (Harris County Clerk real property fee schedule, read 2026-10-21). Preparing it is a separate cost if a lawyer drafts it.

How long does an affidavit of heirship take to work?

There is no waiting period to record one. The recorded statement becomes prima facie evidence after five years of record (Texas Estates Code §203.001, read 2026-10-21). For a sale, the title company's review sets the timing, so ask it.

Who can be a witness on a Texas affidavit of heirship?

Someone who knew the deceased and the family and has no interest in the estate, such as a family friend or neighbor. If no unrelated person can be found, TexasLawHelp says a family member who will not benefit may sign (TexasLawHelp, read 2026-10-21).

Can I fill out an affidavit of heirship myself?

TexasLawHelp publishes a free sample and the Estates Code has a model form, but TexasLawHelp says the sample is not a fill-in-the-blank form (TexasLawHelp, read 2026-10-21). We do not prepare or fill in affidavits. A probate attorney can.

Does an affidavit of heirship avoid probate?

Not always. It needs no court, but it only works if the title company accepts it, and a will, debts or a disagreement can send the estate to court. No one can promise it will avoid probate.

What if there is a will?

If the will has not been probated, a muniment of title may fit when the estate owes no debt except debt secured by a lien on real estate, or the court finds administration is not needed for another reason, and it must be applied for within four years of the death (Texas Estates Code §257.001 and §257.054, read 2026-10-21).

What if one heir will not agree to sell an inherited house in Texas?

Any joint owner can ask a district court to partition the property (Texas Property Code §23.001, read 2026-10-21). If it is heirs' property, the court first sets a value, and if a co-owner asked for a sale, the others get a chance to buy that co-owner out before any division or sale (Texas Property Code chapter 23A, read 2026-10-21). Talk to a lawyer before filing.

Can Medicaid take an inherited house in Texas?

The state may file a claim against the estate of someone who received Medicaid long-term care services at 55 or older. It will not ask when there is a surviving spouse, a child under 21, or in the other cases it lists (Texas HHS Medicaid Estate Recovery Program, read 2026-10-21).

Will HTX Sell My House buy an inherited house in Houston?

We can make an offer once the title company can insure the sale, or take it to the builders for you. You pay nothing to talk to us and you see the buyer's name in writing before you sign.