Your Affidavit of Heirship Roadmap

What's Inside

Preparation guide for an Affidavit of Heirship in Texas. Built for the path identified by the WG Law Probate Guide.

1. Step 1. Confirm the decedent died without a valid will

2. Step 2. Confirm the primary estate asset is real property (land or a house) — affidavits of heirship do not transfer financial accounts

3. Step 3. Identify every legal heir under Texas intestacy — full names, dates of birth, addresses, and current status

4. Step 4. Identify two disinterested witnesses who knew the decedent for at least 10 years and have no financial interest in the estate

5. Step 5. Document the family history fully — marriages, divorces, children (biological, step, and adopted), prior deaths

6. Step 6. Document any prior real-estate transactions involving the decedent or the property

7. Step 7. Obtain certified copies of the death certificate from Texas Vital Statistics

8. Step 8. Have the affidavit drafted by an attorney — title underwriters routinely reject DIY heirship affidavits

9. Step 9. Coordinate notarized signatures from the witnesses and heirs

10. Step 10. Record the affidavit in the deed records of every county where the real property sits

11. Step 11. Plan for the 5-year title-insurance seasoning period — most title companies require the affidavit on record for 5 years before insuring a sale

12. Step 12. Schedule a flat-fee consultation with WG Law — if you need to sell or refinance within 5 years, a Determination of Heirship may be the safer path