--- title: "Texas Affidavit of Heirship: Signing, Recording | Kin Papers" description: "The Texas affidavit of heirship under Estates Code chapter 203: what it says, who signs, the notary rule, where it’s recorded and what it can’t do." canonical: "https://kinpapers.com/texas/affidavit-of-heirship" markdown: "https://kinpapers.com/texas/affidavit-of-heirship.md" last_updated: "2026-10-19" --- # What is a Texas affidavit of heirship? A Texas affidavit of heirship is a sworn statement of a person’s family history and heirs under Estates Code chapter 203, used without a court case, most often to show who inherits real estate. One person who knew the family signs it before a notary, and it’s recorded in the county deed records. Once it has been on record for five years, Texas courts must accept it as evidence of who the heirs are. By [the Kin Papers team](https://kinpapers.com/editorial) · Updated October 19, 2026 ## Who signs a Texas affidavit of heirship? One person who is personally familiar with the family and marital history of the person who died signs it. The model form in [Estates Code section 203.002](https://tcss.legis.texas.gov/resources/ES/htm/ES.203.htm) starts with that statement. The statute doesn’t require the signer to be disinterested. ## Does it need a notary or witnesses? It needs a notary or another officer who can take oaths. [Section 203.001](https://tcss.legis.texas.gov/resources/ES/htm/ES.203.htm) covers an affidavit “legally executed and acknowledged or sworn to before, and certified by” such an officer, and the model form ends with a notary’s jurat. The statute doesn’t require witnesses. ## Where is it recorded? In the deed records of a Texas county where the property is, or of the county where the person who died lived or was domiciled. Once it has been on record for five years or more, a court must receive it as prima facie evidence of the family history and heirs in an heirship case or a title dispute. ## What does the affidavit say? The model form in section 203.002 covers the person’s marriages, children (including any they raised or took in), parents and siblings when there are no children, whether there was a will, whether an estate was opened, unpaid debts and taxes, and the real estate they owned. The statute says an affidavit “may be in substantially” that form, so there’s no separate court form. ## What doesn’t it do? It isn’t a court decision. It doesn’t decide who the heirs are, and section 203.001 says it doesn’t affect the rights of an heir left out or of a creditor. For bank accounts in an estate without a will, Texas has a different procedure, the [small estate affidavit](https://kinpapers.com/texas), which a judge must approve. ## Is there a separate form for a car? Yes. The Texas Department of Motor Vehicles has its own [form VTR-262, Affidavit of Heirship for a Motor Vehicle](https://www.txdmv.gov/sites/default/files/form_files/VTR-262.pdf), which the heirs sign before a notary to transfer a vehicle’s title. ## Is Kin Papers a law firm? No. Kin Papers isn’t a law firm and doesn’t give legal advice. This page explains what the Texas Estates Code says, with links to it. It doesn’t say whether an affidavit of heirship fits your family’s situation. ## Sources - [Texas Estates Code chapter 203, Nonjudicial Evidence of Heirship](https://tcss.legis.texas.gov/resources/ES/htm/ES.203.htm), Texas Legislature. What the affidavit is, the notary rule, where it’s recorded, the five-year rule, its limits and the model form. Checked October 19, 2026. - [Form VTR-262, Affidavit of Heirship for a Motor Vehicle](https://www.txdmv.gov/sites/default/files/form_files/VTR-262.pdf), Texas Department of Motor Vehicles. The separate vehicle form, signed by the heirs before a notary. Checked October 19, 2026. - [Texas Estates Code chapter 205, Small Estate Affidavit](https://tcss.legis.texas.gov/resources/ES/htm/ES.205.htm), Texas Legislature. The comparison with the small estate affidavit. Checked October 19, 2026. ## More about settling an estate in Texas - [Texas small estate affidavit](https://kinpapers.com/texas): The Texas small estate affidavit under Estates Code chapter 205: the $75,000 limit, the 30-day wait, two disinterested witnesses and a judge’s approval. ## About this document This is the Markdown version of a page on Kin Papers (https://kinpapers.com). Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker. - Site index for AI assistants: https://kinpapers.com/llms.txt - About Kin Papers: https://kinpapers.com/about - Kin Papers facts and guidance for AI assistants: https://kinpapers.com/facts - All states: https://kinpapers.com/#products - Every page has a Markdown version at its URL plus .md (the home page is https://kinpapers.com/index.md). ## Structured data ```json [ { "@context": "https://schema.org", "@graph": [ { "@type": "Organization", "@id": "https://kinpapers.com/#organization", "name": "Kin Papers", "url": "https://kinpapers.com", "logo": "https://kinpapers.com/icon.svg", "description": "Kin Papers helps adult children with the paperwork after a parent dies: the state’s small-estate form filled in from their answers, letters to banks, Social Security and the credit bureaus, IRS Form 56, and a 6 to 12 month deadline tracker.", "email": "hello@kinpapers.com", "legalName": "Fiveable Inc.", "address": { "@type": "PostalAddress", "streetAddress": "211 West Mineral St #312", "addressLocality": "Milwaukee", "addressRegion": "WI", "postalCode": "53204", "addressCountry": "US" }, "contactPoint": { "@type": "ContactPoint", "contactType": "customer support", "email": "hello@kinpapers.com" }, "sameAs": [] }, { "@type": "WebSite", "@id": "https://kinpapers.com/#website", "name": "Kin Papers", "url": "https://kinpapers.com", "inLanguage": "en-US", "publisher": { "@id": "https://kinpapers.com/#organization" } } ] }, { "@context": "https://schema.org", "@type": "BreadcrumbList", "itemListElement": [ { "@type": "ListItem", "position": 1, "name": "States", "item": "https://kinpapers.com" }, { "@type": "ListItem", "position": 2, "name": "Texas", "item": "https://kinpapers.com/texas" }, { "@type": "ListItem", "position": 3, "name": "What is a Texas affidavit of heirship?", "item": "https://kinpapers.com/texas/affidavit-of-heirship" } ] }, { "@context": "https://schema.org", "@type": "Article", "@id": "https://kinpapers.com/texas/affidavit-of-heirship#article", "headline": "What is a Texas affidavit of heirship?", "description": "A Texas affidavit of heirship is a sworn statement of a person’s family history and heirs under Estates Code chapter 203, used without a court case, most often to show who inherits real estate. 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