Affidavit of Heirship in Texas, and Why Title Companies Ask About It
When someone dies without a will, the house does not stop belonging to the family — but proving who owns it is a separate problem from owning it.
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Before you read this
What the document actually does
An affidavit of heirship is a sworn statement, recorded in the deed records of the county where the property sits, setting out who the deceased person was, their marital history, their children, and who their heirs are under Texas law. It is governed by Chapter 203 of the Texas Estates Code.
It is normally signed by two disinterested witnesses — people who knew the family and do not stand to inherit. That disinterest is the point: their statement carries weight precisely because they gain nothing.
Here is the part that is widely misunderstood. An affidavit of heirship does not transfer title. It creates a public record of what the family says happened. Under §203.001 an affidavit that has been on file for five years becomes prima facie evidence of the facts in it — which tells you plainly that a freshly recorded one carries less weight than an old one.
Why a title company may want more
Title companies insure against loss. When they look at an affidavit of heirship they are asking one question: if a previously unknown heir turns up in three years, do we pay a claim?
They tend to be comfortable when the family situation is simple and the affidavit has aged. They tend to want more when there are children from more than one relationship, a long-standing informal marriage, an heir nobody can locate, an heir who is a minor, a disagreement among the family, or a will that exists but was never probated.
Whether an affidavit is enough is the title company’s call, not ours and not the seller’s. Different underwriters reach different answers on the same facts, which is genuinely frustrating and worth knowing in advance.
The other routes
An affidavit is one tool. Texas has several, and which fits depends on facts an attorney needs to hear.
- Probate of a will. If there is a will, probating it is usually the cleanest path. Texas generally has a four-year window to probate a will, which is a deadline families lose track of.
- Determination of heirship. A court proceeding under Estates Code Chapter 202 that produces a judgment. Slower and more expensive than an affidavit, and far harder to argue with afterwards.
- Small estate affidavit. Chapter 205 covers limited situations with no will and a small estate, and it has strict requirements.
- Muniment of title. A Texas procedure that can admit a will for the limited purpose of transferring title.
Texas intestate succession also distinguishes between community and separate property, and the shares change when there are children from a previous relationship. That is exactly the sort of thing families get wrong from memory.
What this means if you want to sell
Practically: every heir with an interest generally has to sign, and if one will not or cannot be found, the sale stalls until that is resolved. This is the single most common reason an inherited-property sale in Lubbock takes longer than the family expected.
We can look at a property while heirship is still being sorted out and tell you what we would pay once it is clear. What we cannot do is sort the heirship for you, tell you who the heirs are, or promise a title company will accept a particular document. That is attorney and underwriter territory.
Common questions
Does an affidavit of heirship transfer ownership of a house?
No. It records a sworn statement of who the heirs are; it does not convey title the way a deed or a probate order does. Under Texas Estates Code section 203.001 an affidavit on file for five years becomes prima facie evidence of the facts it states.
Will a title company accept an affidavit of heirship?
Sometimes, and it depends on the underwriter and the facts. Simple family situations with an older recorded affidavit are accepted more readily than recent ones involving blended families, missing heirs, minors, or family disagreement. It is the title company's decision, not ours.
Can I sell an inherited Lubbock house without going through probate?
Sometimes, if the title company will insure on an affidavit of heirship or another route fits. Often probate or a determination of heirship is needed instead. An attorney can tell you which applies; we cannot.
What if one heir refuses to sign?
Generally the sale cannot proceed as to that interest, and the options from there are legal ones — negotiation, buying out the interest, or a partition action. This is a question for an attorney.
Are you attorneys who can sort out our heirship?
No. We are real estate investors. We are not a law firm and we cannot determine heirs, prepare your affidavit, or advise you on probate. We can tell you what we would pay for the property once title is clear.
A last word on what we are
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