Affidavits of Heirship in Texas

An Affidavit of Heirship is used when a property owner dies without a will and no probate has been completed.

It allows heirs to establish ownership and proceed with:

  • Property sales
  • Refinancing
  • Title insurance
  • Ownership transfers

When It Is Used

  • No probate case opened
  • Owner died intestate
  • Property is in Texas
  • Heirs are known

Requirements

  • Family members must provide information
  • Two disinterested witnesses must sign
  • Witnesses must have known the decedent for at least 10 years

Most title companies require a waiting period of 90 days to 6 months after death before insuring based on an affidavit.

At Doc Prep 911, we prepare compliant affidavits of heirship accepted by Texas underwriters.