The Estate Desk

Last verified 2026-10-28; facts checked against the primary sources below

Texas affidavit of heirship: what it is, and when it works for a house or a car

Last verified: October 28, 2026

The short answer: A Texas affidavit of heirship is a sworn statement of the family history of a person who died, naming who the heirs are. For real estate, it is recorded in the county deed records, and it is not a court order: once it has been on record for five years, a court must accept it as prima facie evidence of the facts in it, which anyone can still disprove (Texas Estates Code § 203.001). For a car, Texas uses a separate state form, VTR-262, signed by the heirs before a notary (TxDMV Form VTR-262).

The affidavit at a glance

Question Answer Source
What it is A sworn statement of the family history, marital status or identity of the heirs of a person who died § 203.001(a)
How it must be signed Sworn to or acknowledged before, and certified by, an officer authorized to take oaths, such as a notary § 203.001(a)(1)
Who signs it The person making the statement (the affiant), who must have personal knowledge of the family and marital history, under the form in the statute § 203.002
Witness rule Chapter 203 sets none. Bexar County says the affidavit must be signed and sworn to by two disinterested witnesses who knew the family and gain nothing from the estate Bexar County
Where it is recorded The deed records of the county where the property is, or where the person lived at death § 203.001(a)(2)
When it becomes prima facie evidence After it has been of record for five years or more § 203.001(a)(2)
Mistakes in it Anyone interested in the case can prove the true facts § 203.001(b)
Omitted heirs and creditors Their rights are not affected by the affidavit § 203.001(d)
Recording fee (example) Travis County: $25 for the first page and $4 for each additional page. Other counties set their own Travis County Clerk

What does the affidavit say?

Estates Code § 203.002 gives a form the affidavit "may be in substantially," so it is a model, not a required state form (§ 203.002). It asks the affiant to state:

Item Detail in the statutory form
The affiant Name, address, and personal knowledge of the family
How long the affiant knew the person The dates
The death Date and place of death, and last address
Marriages The full marital history, and the date and place of a spouse's death if the spouse died first
Children Each child's name, birth date, other parent, and address, or date of death and descendants
Others raised in the home Any child taken in or raised, or "none"
Parents and siblings Required only when there are no surviving descendants
Will and administration Whether there was a written will, and whether the estate was administered
Debts and taxes Any unpaid debts and unpaid estate or inheritance taxes, or "none"
Real property Each piece of real property the person owned an interest in
Heirs Optional: the names of the heirs

The affidavit records facts. Who inherits, and in what shares, is set by Texas intestacy law: Estates Code chapter 201 divides the estate differently depending on whether there is a surviving spouse, children from another relationship, and whether property was community or separate (Texas Estates Code ch. 201).

Does it transfer a house?

No statute says recording the affidavit transfers title. What § 203.001 does is make the recorded statement evidence a court must accept in a heirship case or a suit over title to the property, once it has been recorded for five years (§ 203.001). Bexar County describes the practical use: when someone died without a will, with no outstanding debts, leaving Texas real estate, the recorded affidavit links the chain of title to the heirs, and it says most title and real estate companies will then let the heirs sell (Bexar County). Whether a title company will insure a sale on it is that company's decision.

How is it recorded?

Step What the county says Source
Which office In Dallas County, it is filed with the Recording Division, not the Probate Division Dallas County Clerk
Original required Travis County records only original documents with original signatures, and will not record a copy Travis County Clerk
How to file Travis County accepts real property filings in person or by mail Travis County Clerk
Fee Travis County: $25 for the first page, $4 for each additional page Travis County Clerk

Check the clerk's page in the county where the property is before you file.

What about a car?

Texas has its own form for a vehicle: Form VTR-262, Affidavit of Heirship for a Motor Vehicle, filed with the county tax assessor-collector, not the county clerk (TxDMV Form VTR-262).

Rule What TxDMV says
When it is used There has been no administration and none is necessary. If the estate was probated, the executor or administrator assigns the title with certified Letters instead, and this form is not needed
If there was a will Usable only if no application for probate was filed, or a court has found no administration is necessary. With a court finding, attach the court document and the parts of the will naming the heirs
Surviving spouse The spouse is the only heir who must sign, unless the person who died has children with someone else. Then all surviving children must sign too
No surviving spouse All children of the person who died must sign
No spouse and no children The form says to consult legal counsel about who the heirs at law are
Minor children A guardian signs and attaches Letters of Guardianship
Signing Each heir signs before a notary. A power of attorney cannot be used to sign
More than three heirs Use additional copies of the form and submit them all together
What to bring Form 130-U title application, VTR-262, a release of lien if a lien is recorded, title or registration verification if last titled out of state, and proof of insurance if registering

Source for every row: TxDMV Form VTR-262 (Rev 11/20). Falsifying the form is a third degree felony, the form says.

How is it different from the small estate affidavit and a court heirship?

Affidavit of heirship Small estate affidavit Court determination of heirship
Court involved No Yes, a judge approves it Yes, a judgment after a hearing
What it is Recorded sworn family history Court-approved affidavit that lets heirs collect property Final judgment naming the heirs and their shares
Legal effect Prima facie evidence after five years of record Holders who pay on it are released Final judgment; buyers and people who deal with the named heirs in good faith are protected
Source § 203.001 Texas small estate affidavit § 202.201, § 202.202, § 202.204

In a court heirship case, the court must appoint an attorney ad litem for heirs whose names or locations are unknown, and testimony about the family generally comes from two disinterested and credible witnesses, by deposition, or by a recorded statement that meets § 203.001 (§ 202.009, § 202.151). The case may be brought at any time after the death, and the certified judgment can be recorded in the deed records of the county where the real property is (§ 202.0025, § 202.206).

This is general information about Texas law, not legal advice. A Texas probate lawyer can tell you which path fits a particular estate.

The Estate Desk helps families settle estates. theestatedesk.com

Primary sources