Affidavit of Heirship: Clear Title (Free Template)
Direct Answer
An affidavit of heirship is a sworn, notarized statement, signed by someone with personal knowledge of the decedent's family, that records the decedent's heirs in the county deed records so the decedent's interest in real property can pass of record without probate. The full affidavit of heirship template below is attorney-drafted on the Texas Estates Code Chapter 203 form, includes the two disinterested-witness affidavits prescribed by Section 203.002, and is structured to record in the county clerk's real property records.
Attorney-drafted form opens in Word or any PDF reader. Free, no email required. Read the template on this page first →
Clear title · Skip probate
Tex. Estates Code Chapter 203
Affidavit of Heirship Template (Attorney-Drafted, Texas Form)
The model affidavit below is built on the Texas Estates Code Chapter 203 form, which is the most well-developed and widely-accepted heirship affidavit in the country and the pattern most other states' recording offices recognize. Eleven numbered paragraphs cover the affiant, the decedent, the absence of a will, the complete marital history, every child and any descendants of predeceased children, parents and siblings (for childless decedents), the real property legal description, the heirs and their fractional shares, known debts, disinterested-witness status, and the recording purpose. Two disinterested-witness affidavits in the form prescribed by Texas Estates Code Section 203.002 follow the main affidavit, then the notary jurat.
STATE OF [STATE] )
) ss.
COUNTY OF [COUNTY] )
AFFIDAVIT OF HEIRSHIP
(For Recording in the Real Property
Records to Establish the Heirs of a
Deceased Property Owner)
BEFORE ME, the undersigned authority, on this day personally
appeared [Affiant Full Legal Name] (the "Affiant"), who, being
by me first duly sworn upon oath, deposed and stated as follows:
1. AFFIANT QUALIFICATIONS. Affiant's full legal name is
[Affiant Full Legal Name]. Affiant resides at [Affiant
Street Address, City, State, ZIP]. Affiant is over the
age of eighteen (18) years and competent to make this
Affidavit. Affiant has personal knowledge of the facts
stated herein. Affiant knew [Decedent Full Legal Name]
(the "Decedent") personally for [Number of Years] years
prior to the Decedent's death, and Affiant is familiar
with the Decedent's family, marital, and property history
based on Affiant's personal knowledge of the family.
2. DECEDENT IDENTIFICATION. The Decedent's full legal name
was [Decedent Full Legal Name], also known as [Any Aliases
/ "AKA" Names Used on Title Records]. The Decedent died on
[Date of Death] at [City, State of Death]. At the time of
death the Decedent was a resident of [County, State of
Residence]. The Decedent's date of birth was [Date of
Birth] and the Decedent's Social Security number ended in
[Last Four Digits Only]. A certified copy of the
Decedent's death certificate is attached hereto as
Exhibit A and incorporated by reference.
3. ABSENCE OF WILL AND PROBATE.
(a) To the best of Affiant's knowledge and after diligent
inquiry, the Decedent died intestate (without a valid
Last Will and Testament) OR the Decedent left a Will
that was never admitted to probate within the
jurisdiction's statutory period (in Texas, four (4)
years from the date of death under Tex. Estates Code
Section 256.003).
(b) No proceeding for the administration of the
Decedent's estate is now pending in any jurisdiction
and no personal representative of the Decedent's
estate has been appointed in any jurisdiction.
(c) No proceeding to determine the heirs of the Decedent
has been commenced in any jurisdiction.
4. MARITAL HISTORY OF DECEDENT. The Decedent's complete
marital history is as follows. List EVERY marriage,
annulment, divorce, and the death of any spouse. Title
examiners reject affidavits with incomplete marital
history because a missing prior spouse can defeat the
chain of title.
Marriage 1:
Spouse: [Full Legal Name of Spouse 1]
Date of Marriage: [Date]
Place: [City, State]
How Ended: [Death / Divorce / Annulment]
Date Ended: [Date]
If Divorce: [Court, Cause No., County, State]
If Death: [Date of spouse's death; certified
copy of death certificate attached
as Exhibit B-1]
Marriage 2 (if any):
[Repeat the structure above for each subsequent
marriage. Add additional pages as Exhibit C if
needed.]
At the time of the Decedent's death, the Decedent was
[married to / a widow(er) of / divorced from / never
married to] [Surviving Spouse Full Legal Name, if any].
5. CHILDREN OF DECEDENT. The Decedent had the following
children, including children born of every marriage,
adopted children, and any children born outside of
marriage who were acknowledged or whose parentage was
adjudicated. List EVERY child, living or deceased.
Child 1:
Full Legal Name: [Name]
Date of Birth: [Date]
Other Parent: [Name and relationship to Decedent]
Status: [Living at Decedent's death / Died on
___________ predeceased Decedent]
If Predeceased,
Surviving Issue: [List each child of the predeceased
child by name and date of birth, as
representation passes the share to
the predeceased child's descendants]
Child 2 (if any):
[Repeat for each child, living or deceased.]
The Decedent had a total of [Number] children. No other
person is or has ever been a child of the Decedent
(including any adopted, illegitimate, or unacknowledged
child). To the best of Affiant's knowledge there are no
unknown or after-discovered children of the Decedent.
6. PARENTS AND SIBLINGS OF DECEDENT (complete this paragraph
only if the Decedent died with no surviving spouse and no
surviving descendants).
Father: [Full Legal Name; alive at Decedent's death YES /
NO; if no, date of death]
Mother: [Full Legal Name; alive at Decedent's death YES /
NO; if no, date of death]
Siblings (full and half-blood, living and deceased):
[Sibling 1 Full Legal Name; relationship (full / half);
living or deceased; if deceased, list surviving issue
who would inherit by representation]
[Sibling 2; etc.]
7. REAL PROPERTY DESCRIPTION. The real property to which the
Decedent held title at death and to which this Affidavit
applies is described as follows:
Common Address:
[Street Address, City, County, State, ZIP]
Legal Description (verbatim from the recorded deed):
[Lot ___, Block ___, Subdivision Name, recorded in
Volume ___, Page ___, Plat Records of __________
County, State of __________; OR metes and bounds
description from the deed]
County and State of Recording:
[County, State]
Recording Reference for Decedent's Vesting Deed:
[Volume ___, Page ___ OR Instrument No. _______]
[Date of Recording]
Type of Estate Held by Decedent:
[Fee simple / Joint tenancy with right of survivorship
/ Tenancy in common / Community property / Mineral
interest / Surface estate only / Other: __________]
Decedent's Fractional Interest:
[Whole / one-half / one-fourth / other: __________]
8. HEIRS AT LAW AND THEIR RESPECTIVE SHARES. Based upon the
marital and child history set forth above and the
intestate succession laws of the State of [Controlling
State], the persons entitled to inherit the Decedent's
interest in the real property described in Paragraph 7
are:
Heir 1:
Full Legal Name: [Name]
Address: [Street, City, State, ZIP]
Relationship to
Decedent: [Surviving Spouse / Child / Grandchild
by representation / Parent / Sibling
/ Other]
Fractional Share
of Decedent's
Interest: [e.g., 1/3 / 1/2 / 1/4]
Heir 2:
[Repeat for each heir.]
Each fractional share has been calculated according to the
intestate succession statute of the State of [Controlling
State, e.g., Tex. Estates Code Sections 201.001-201.003 for
Texas separate-property and community-property descent
rules].
9. KNOWN DEBTS OF THE DECEDENT. The total of all known
unpaid debts of the Decedent, including funeral and
last-illness expenses, is approximately $[Total Amount].
Affiant is unaware of any creditor claim or lien against
the real property described in Paragraph 7 other than
the following: [List any liens, mortgages, tax debts, or
recorded encumbrances by recording reference; if none,
state "None"].
10. STATUS OF AFFIANT AS DISINTERESTED WITNESS (Texas pattern;
retain in any state that requires a disinterested-witness
affiant or witness; delete the disinterested-witness
portion only where state law expressly permits an
interested affiant). Affiant is not an heir, devisee, or
creditor of the Decedent and has no financial interest in
the Decedent's estate or in the real property described
in Paragraph 7.
11. PURPOSE AND RECORDING. Affiant executes this Affidavit
for the purpose of establishing of record the heirs at
law of the Decedent so that the Decedent's interest in
the real property described in Paragraph 7 may pass of
record to those heirs. This Affidavit is being recorded
in the deed records (real property records) of [County,
State] pursuant to [Tex. Estates Code Chapter 203 or other
controlling state heirship-recording statute] and shall
constitute prima facie evidence of the facts stated
herein in accordance with [Tex. Estates Code Section
203.001 (after five (5) years from the date of recording)
or other controlling statute].
FURTHER AFFIANT SAYETH NAUGHT.
I declare under penalty of perjury under the laws of the
State of [Controlling State] that the foregoing is true and
correct.
Executed on this _____ day of _______________, 20____, at
[City, State of Execution].
_______________________________________
[Affiant Full Legal Name], Affiant
================================================================================
DISINTERESTED WITNESS AFFIDAVITS
(Texas requires two disinterested witnesses
under Tex. Estates Code Section 203.002. Most
other heirship-recording states require at
least one disinterested witness. Replicate
the block below for each required witness.)
================================================================================
WITNESS 1
STATE OF [STATE] )
) ss.
COUNTY OF [COUNTY] )
BEFORE ME, the undersigned authority, on this day personally
appeared [Witness 1 Full Legal Name], who, being by me first
duly sworn upon oath, deposed and stated as follows:
(a) Witness's full legal name is [Witness 1 Full Legal
Name]. Witness resides at [Witness 1 Street Address,
City, State, ZIP]. Witness is over the age of eighteen
(18) and competent to make this Affidavit.
(b) Witness knew the Decedent, [Decedent Full Legal Name],
personally for [Number of Years] years prior to the
Decedent's death and is familiar with the Decedent's
marital, family, and property history based on personal
knowledge.
(c) Witness has read the foregoing Affidavit of Heirship and
the statements contained therein concerning the
Decedent's marital history, the Decedent's children, the
Decedent's other relatives, and the identity of the
Decedent's heirs at law are, to the best of Witness's
knowledge, true and correct.
(d) Witness is not an heir, devisee, or creditor of the
Decedent. Witness has no interest in the Decedent's
estate or in any property of the Decedent and Witness
will not benefit financially or otherwise by reason of
this Affidavit or the recording hereof.
Executed on this _____ day of _______________, 20____.
_______________________________________
[Witness 1 Full Legal Name],
Disinterested Witness
WITNESS 2 (Texas pattern; required for filings under Tex.
Estates Code Section 203.002)
[Replicate the entire WITNESS 1 block above for the second
disinterested witness, with separate notarization.]
================================================================================
NOTARY ACKNOWLEDGMENT
(JURAT FORM)
================================================================================
STATE OF [STATE] )
) ss.
COUNTY OF [COUNTY] )
Subscribed and sworn to (or affirmed) before me on this _____
day of _______________, 20____, by [Affiant Full Legal Name],
proved to me on the basis of satisfactory evidence to be the
person who appeared before me and who, having been duly sworn,
acknowledged that he or she executed the foregoing Affidavit for
the purposes therein stated.
_______________________________________
Notary Public, State of [State]
Printed Name: _________________________
Commission No.: _______________________
My Commission Expires: ________________
[NOTARY SEAL / STAMP]
[Repeat a separate notary acknowledgment block for each
Disinterested Witness.]
================================================================================
REQUIRED ATTACHMENTS
================================================================================
Exhibit A: Certified copy of the Decedent's death certificate
Exhibit B: Certified copies of the death certificates of any
predeceased spouse(s) and any predeceased child of
the Decedent
Exhibit C: Continuation pages for the marital and child
history if more than two marriages or several
children
Exhibit D: Copy of the Decedent's vesting deed (the deed by
which the Decedent took title to the real property)
Exhibit E: Copy of any divorce decree(s) referenced in
Paragraph 4
Exhibit F: Copy of any acknowledgment-of-paternity or
adjudication-of-parentage order for any child
listed in Paragraph 5
================================================================================
FILING AND RECORDING INSTRUCTIONS
================================================================================
Texas: File in the real property records (deed records) of
the county where the real property is located. The
county clerk records the Affidavit and the
disinterested witness affidavits. The five-year
prima facie evidence rule under Tex. Estates Code
Section 203.001 begins to run from the recording
date. Filing fees are paid per page to the county
clerk; check the clerk's published fee schedule for
the current per-page rate.
Other Heirship-Recording States (Arkansas, Oklahoma,
Mississippi, North Carolina, Georgia, South Carolina,
Louisiana, West Virginia and others): file in the deed
records of the county where the real property is located.
Verify the controlling statute and any state-specific witness,
publication, or notice requirements before recording.
How to Record an Affidavit of Heirship
Five steps from confirming the affidavit is the right instrument to recording in the county deed records. The two failure points to watch are the marital history (incomplete marital history is the most common rejection reason) and the witness selection (the witnesses must be genuinely disinterested, not heirs).
- 1
Confirm the affidavit is the right instrument
The decedent died without a valid will (or any will was never admitted to probate within the state's statutory window). No probate is pending or has been completed. The asset at issue is real property (the affidavit clears title; it does not collect personal property). The family is in agreement on who the heirs are. If any check fails, formal probate or a different instrument is the route.
- 2
Fill in the template below
Replace each bracketed placeholder with the case-specific facts: decedent's full legal name and any aliases used on title records, complete marital history (every marriage, every divorce or spousal death), every child including those from prior marriages and adopted children, the legal description from the vesting deed, and the fractional shares calculated under the controlling state's intestate succession statute. Title examiners reject affidavits with incomplete marital history.
- 3
Identify two disinterested witnesses
Two witnesses who are not heirs, devisees, or creditors of the decedent and who have personal knowledge of the family. Most title examiners want witnesses who knew the decedent for at least ten years. Texas Estates Code Section 203.002 prescribes the witness affidavit form. Fill in the witness blocks at the end of the template before notarization.
- 4
Sign before a notary public
Do not pre-sign. The affiant and both witnesses sign in front of the notary, who administers the oath, watches each signature, and completes the jurat. Many county clerks reject unnotarized or improperly notarized affidavits at the recording window. Bring photo identification.
- 5
Record in the deed records of the county
File the original notarized affidavit (not with the probate court) in the real property records of the county where the real property is located. The county clerk records the document, indexes it under the decedent's name, and returns the original or a stamped copy. Recording fees vary by county. Once recorded, the affidavit appears in any title search of the property.
What an Affidavit of Heirship Does (and What It Does Not)
Title to a decedent's real property passes by operation of law to the decedent's heirs at the moment of death under the controlling state's intestate succession statute. The affidavit of heirship does not cause that transfer; the transfer has already happened. What the affidavit does is record who the heirs are in the county deed records, so that any future title search of the property finds the chain of inheritance and the heirs show up as the record owners. Without that record, a title company will not insure a sale or a mortgage, and a county appraisal district may continue to mail tax statements to the deceased owner's name.
The legal weight the affidavit carries depends on the state. In Texas, an affidavit of heirship recorded in the deed records becomes prima facie evidence of the facts stated in it five years after recording under Texas Estates Code Section 203.001. Until that five-year window closes, the affidavit is corroborative but not conclusive; title insurers in many counties accept it with a holdback or an indemnity. After five years, it functions as a presumption of the heirship facts addressable only by clear-and-convincing rebuttal in a proceeding to determine heirs.
The affidavit is procedurally distinct from two adjacent probate-alternative documents that often get confused with it. A small estate affidavit collects and distributes the decedent's personal property (bank accounts, vehicles, brokerage accounts) when the estate is below the state's dollar threshold and the waiting period has elapsed; it transfers the property and is filed with the probate division, not the deed records. An affidavit of domicile is what transfer agents demand when releasing securities from a brokerage account; it confirms the decedent's state of residence at death so the agent applies the right state's succession rules. The affidavit of heirship is the specific instrument for clearing real property title outside of probate.
When the affidavit alone is not enough, the next step up is a proceeding to determine heirship under Texas Estates Code Chapter 202 (or the equivalent statute in other states), which is a full court proceeding that produces a judgment of heirship binding on everyone in the world. The proceeding takes longer and costs more, but the resulting judgment cuts off any after-discovered heir or competing claim. For estates with contested family history, missing children, or a prior marriage that may not have been formally dissolved, the heirship proceeding is the safer instrument; the affidavit is a fast, cheap shortcut that works only when the family facts are clean.
Texas Court Rules and Recording Requirements
Texas accounts for the largest share of affidavit of heirship filings nationally because the Estates Code Chapter 203 form is the most well-developed and the five-year prima facie evidence rule under Section 203.001 gives title companies a clean threshold to underwrite against. The specifics below are Texas-controlled; analogous rules in other states are summarized in the next section.
Form and Witnesses
- Tex. Estates Code Section 203.002 prescribes the form of the disinterested-witness affidavit. Two witnesses, each swearing they had no financial interest in the estate.
- Disinterested means disinterested. Not an heir, not a devisee under any will, not a creditor, no contingent inheritance interest. Title companies routinely look up the witnesses to confirm.
- All signatures notarized. Affiant plus both witnesses sign before a notary public. A single combined instrument with one notary block per signer is the cleanest format.
- Personal-knowledge requirement. Each witness should have known the decedent personally for at least ten years; many counties will reject affidavits with shorter relationships.
Recording and Effect
- Filed in the county clerk's deed records of the county where the real property is located. Not with the probate court. Recording fees vary by county; check the clerk's fee schedule.
- Tex. Estates Code Section 203.001: after five years of recording, the affidavit becomes prima facie evidence of the facts stated in it. Before five years, title companies often accept it with a holdback or an indemnity.
- Real property only. Personal property collection runs through Estates Code Chapter 205 small estate affidavit, not Chapter 203.
- Will-probate window. A Texas will must be admitted to probate within four years of the date of death under Tex. Estates Code Section 256.003; once that window closes, the heirship affidavit becomes the standard chain-of-title remedy.
States That Recognize Affidavits of Heirship for Title
Texas Chapter 203 is the most-developed AOH framework in the country. The states below recognize the same general pattern (sworn statement of family history recorded in the county land records to establish chain of title), but the controlling statute, recording office, and evidentiary effect vary. Confirm the current state code section before recording in any state outside Texas.
| State | Recognition and Recording Note |
|---|---|
| Texas | Estates Code Chapter 203 (Sections 203.001 and 203.002). Five-year prima facie evidence rule. Filed in the county clerk's deed records. |
| Arkansas | Recognizes affidavits of heirship for clearing title to real property under the state's recording statutes. Confirm current section in the Arkansas Code before recording. |
| Oklahoma | Records affidavits of heirship in the county clerk's land records to establish the chain of inheritance for real property. Confirm current Oklahoma Statutes citation before recording. |
| Mississippi | Heirship affidavits are accepted as evidence in chain of title; muniment of title proceedings under Mississippi Code Chapter 91 are an alternative for older estates. |
| North Carolina | Affidavits of heirship are used to record the heirs of an intestate decedent for real property purposes; check current General Statutes section before recording. |
| Georgia | Heirship affidavits, in some counties, supplement a year's support proceeding under Georgia Code Title 53. Confirm the local clerk's recording practice. |
| South Carolina | Recognizes heirship affidavits for clearing title; the alternative is a Determination of Heirship proceeding in the probate court. Confirm current Code of Laws section. |
| Louisiana | Uses an Affidavit of Death and Heirship under Louisiana law to evidence inheritance for immovable property. Civil Code provisions on succession govern; check current article. |
| West Virginia | Records affidavits of heirship in the county clerk's office to establish inheritance for real property. Confirm current West Virginia Code section before recording. |
Verify the controlling statute before recording.
AOH statutes get amended without much fanfare and the county clerk's recording practice often controls what format actually gets accepted at the window. Pull the current state code section and check the county clerk's recording requirements before notarization, or send the matter through /get-a-quote for a current-statute attorney review and the right form for the state.
Frequently Asked Questions
Sourced from the People Also Ask box for affidavit of heirship, affidavit of heirship texas, and what is an affidavit of heirship.
What is an affidavit of heirship?
Who can sign an affidavit of heirship?
Does an affidavit of heirship need to be notarized?
How long after death can you file an affidavit of heirship?
Can an affidavit of heirship be used to avoid probate?
What is the difference between an affidavit of heirship and probate?
How many witnesses are needed for an affidavit of heirship?
Does an affidavit of heirship transfer property?
Want an Attorney to Draft and Record the Affidavit For You?
Send the decedent's state, the date of death, the property address, and the family facts. The quote request returns the right statute for the state, the right witness arrangement, the controlling intestate succession math, and an attorney to draft and record the affidavit before the heirs lose a closing.