How to transfer title on an inherited house in Texas

When someone dies without a valid will, Texas intestate succession law determines who inherits based on Texas Estates Code §§201.001–201.003. The answer depends on the person’s family structure, including whether they were married, whether they had children or other descendants, and whether the property was community or separate property.

• For someone who was not married, children and their descendants generally inherit first. If there are none, Texas law looks to parents, siblings, and other relatives in a specific order.

• For someone who was married, the rules can be more complicated. Community property and separate property are treated differently, and the result can change if the deceased had children from another relationship.

That family history is what ultimately determines who has an ownership interest in the house.

If several people inherited the property and disagree about what happens next, see our guide on what to do when multiple heirs inherit a house.

An Affidavit of Heirship is a sworn, notarized document that records the family history of someone who died and identifies the people who inherited that person’s real property. Texas Estates Code §203.001

It is most commonly used when someone dies without a will, although it may also be used in some situations where a will was never probated. The affidavit is recorded in the real-property records of the county where the property is located.

The affidavit does not create the inheritance. Instead, it gives the title company documented evidence of who the heirs are so it can determine whether the property can be insured and sold without a formal probate proceeding.

Not by itself. In Texas, the heirs generally acquire their ownership interest when the property owner dies. An Affidavit of Heirship documents who those heirs are so the title company can evaluate and clear the title. (Texas Estates Code §101.001)

Once recorded in the county’s real-property records, the affidavit becomes part of the property’s title history. Title companies may rely on it to insure a sale, but their requirements vary depending on the estate, the family history, and whether there are possible competing claims.

Texas law gives a recorded affidavit stronger evidentiary weight after it has been on record for five years, but that does not mean heirs necessarily have to wait five years to sell.

If heirship is disputed, an heir was omitted, or estate debts create competing claims, a formal court proceeding may still be necessary.

The people signing the affidavit should have personal knowledge of the deceased person’s family history and be able to swear that the information is accurate.

In practice, Texas title companies commonly want two disinterested witnesses who knew the deceased and the family but are not heirs and do not have a financial interest in the property. Longtime family friends, neighbors, former coworkers, or other people who knew the family well may qualify.

Each witness signs under oath before a notary. The affidavit should accurately describe the deceased person’s marriages, children, and other family relationships that affect who inherited the property.

Once the Affidavit of Heirship is complete, the witnesses sign it under oath before a notary. It is then recorded with the county clerk in the real-property records of the county where the property is located.

Filing fees vary by county, so check with the county clerk before recording it. Sample affidavits are available, but the document needs to accurately reflect the deceased person’s marriages, children, and other family relationships that determine heirship.

If the family history is complicated or there is uncertainty about who inherited, legal guidance may be appropriate before the affidavit is filed.

Our curative title team helps coordinate the heirship and title documents needed for closing, so you’re not left trying to figure out what to file, who needs to sign, or whether something was missed.

If the deceased left a valid will, an Affidavit of Heirship is usually not the first path. The will is generally admitted to probate so the court can recognize it and determine who has authority to handle the estate.

If an executor is appointed, that person may be able to sell the property on behalf of the estate. The exact authority depends on the will and the type of probate administration.

In some simpler estates, Texas also allows a will to be probated as a muniment of title, which can establish ownership without appointing an executor or opening a full estate administration. (§257.001 )

At closing, the title company reviews the will, probate orders, and any documents showing who has authority to sign.

Inherited homes are one of the situations Big State handles most often. Our in-house curative title team works through the documents, heirs, liens, probate issues, and signatures needed to get the property ready for closing.

Want to see what it looks like to skip the repairs and move forward? Hear from a seller who chose a simpler path and see what we took off their plate. All our seller stories are verified with a review link.

Depending on what happens next, these guides may help:

• Multiple heirs inherited the house:

  what happens when family members disagree or live in different places

• Buyers started contacting you:

  how heirs get found through public records and what to watch for

• Taxes on inherited property:

  how step-up basis and capital gains can affect a later sale