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Heirship, in numbers
Affidavit of Heirship, Step by Step
Every figure sourced and dated. Updated 2026-09-02.
An affidavit of heirship transfers a decedent's interest in real property to their heirs without opening formal probate. In Texas it is authorized by Texas Estates Code s.203.001-203.002 and is most often used when someone died without a will, or a will exists but was never probated within four years of death, past which the law treats the estate as if no will existed at all.
Who can sign it, and what it costs
The affidavit must be sworn by two disinterested witnesses, people who knew the decedent's family history but have no financial interest in the estate, then filed with the county where the real property sits for $15 to $50 for the first page. It works best when the family agrees on the facts and the estate has little or no debt; disagreement among heirs, or an heir who cannot be located, calls for a probate proceeding instead, which in independent-administration states like Texas typically runs 4 to 8 months.
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Texas Estates Code s.203.001-203.002: LoneStarLandLaw 2026: statutory basis for the Texas affidavit of heirship (published estimate, retrieved 2026-09-01).
two disinterested witnesses: TexasLawHelp 2026: affidavit-of-heirship witness requirement, people who knew the family but hold no stake in the estate (published estimate, retrieved 2026-09-01).
$15 to $50: Griffin & Cain 2026: county recording fee, first page (plus about $4 per additional page) (published estimate, retrieved 2026-09-01).
four years: LoneStarLandLaw 2026: a will not probated within this window after death is treated as if none exists, triggering the affidavit-of-heirship route (published estimate, retrieved 2026-09-01).
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