- In Texas, an Affidavit of Heirship is a legal document for heirs of a deceased person. It allows them to transfer real property without going through probate.
- Works best for small estates under Texas law, especially when heirs agree.
- Texas law requires notarization from a notary public. NotaryLive’s remote online notary service makes it quick, secure, and available 24/7.
Audio Summary:
When someone dies in Texas without a will, families often feel unsure about what to do next. The most common question is: how can we transfer the house or land without spending months in probate court?
The answer in many cases is the Affidavit of Heirship.
This sworn, notarized document names the legal heirs and the county clerk files it in the property records. Once you file it, the affidavit creates a clear chain of ownership. Title companies then use it to approve sales, refinances, or family transfers.
The challenge? Coordinating two disinterested witnesses and a notary public. That’s where modern solutions like NotaryLive’s remote notary services optimize the process.
First Things First: What is an Affidavit of Heirship?
An Affidavit of Heirship Texas is a sworn legal document. It identifies the heirs of a deceased person who passed away without a will. Instead of going through months of probate, families can use this affidavit to show who inherits under Texas law.
Two disinterested witnesses sign the document with a wet signature. They knew the decedent, have no financial interest, and can confirm the family history. The affidavit includes:
- Date and time of death
- Marital history and list of heirs
- Legal description of the real property
- Confirmation that witnesses knew the deceased
Once filed, it helps clear up property titles so heirs can move forward with selling, refinancing, or transferring property.
When to Use an Affidavit of Heirship in Texas?
This document is most useful in straightforward situations, like:
- A deceased person left no valid will, or the will wasn’t probated.
- The estate is small or uncontested (often just a family home).
- All heirs agree on inheritance distribution.
- A title company requires proof of heirship before approving a title transfer.
- Families want to avoid costly probate when handling small estates.
- Some banks or insurers may accept it for releasing funds (check first).
For cars, Texas has a separate form: Affidavit of Heirship for a Motor Vehicle (VTR-262).
What You’ll Need to File an Affidavit
Before you can file an affidavit with the county clerk, gather:
- The decedent’s death certificate
- Names, birth dates, and relationships of all heirs
- Details about any heirs who have passed and their descendants
- The legal description of the real property
- Two witnesses with no stake in the estate
Why Notarization Matters Under Texas Law
Because this is a sworn legal document, Texas law requires you to notarize it. Here’s the standard process:
- The affidavit is prepared and complete.
- The notary verifies each signer’s ID.
- The notary administers the oath, and you swear everything is true.
- The witnesses sign in front of the notary.
- The notary applies their seal and certificate.
Without notarization, the affidavit won’t be valid for title transfers, property titles, or recognition by title companies.
Remote Online Notarization: A Faster Way
So, where can I get something notarized? Well, there’s a faster way.
No longer do you have to search “notary services near me” in order to get a notary seal/notary stamp.
Traditionally, families had to find a local notary and bring in both witnesses, hard if they lived far apart. Today, Remote Online Notarization (RON) makes it easier:
With NotaryLive, you can notarize online:
- Upload Your Document
- Verify Your Identity with our advanced credential analysis
- Connect with a remote notary
- Download your notarized document online
– Available 24/7/365
-Sessions under 10 minutes
-Secure audit trails and tamper-proof records
– Fully valid under Texas law since 2018
This makes handling heirship in Texas faster, safer, and less stressful.
Filing with the County Clerk
After you notarize the document, file the affidavit with the county clerk. File it in the county where the real property sits.
- Typical filing fee: $50–$75.
- Once filed, the affidavit goes to the property titles record.
- After five years on record, Texas law gives it strong legal weight. Many title companies will accept it sooner for transactions.
What Happens After Filing?
Once on record, heirs can:
- Transfer ownership of the property into their names
- Sell real estate with title insurance
- Refinance or use the property as collateral
- Debts and liens (like mortgages) still stay tied to the property and must be resolved.
Why Families Choose NotaryLive
- Convenience: No driving, no waiting, no “notary near me” searches.
- Speed: Handle notarization in minutes, not days.
- Security: Advanced ID checks, video records, tamper-proof seals.
- Flexibility: Witnesses can be in different states and still sign together.
- Transparent pricing: Sessions start at $25. Business plans and API options are available for estate planning firms, attorneys, and title companies.
Ready to File an Affidavit of Heirship in Texas?
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About NotaryLive
NotaryLive is a leading provider of digital notarization and eSign solutions, dedicated to enhancing business efficiency through a secure, user-friendly platform that prioritizes understanding and meeting customer needs. By offering innovative tools for electronic signatures and online notarization, NotaryLive empowers professionals to manage documents and notarize documents online, anywhere, any time.
Frequently Asked Questions
Q: Do I always need an affidavit of heirship in Texas?
A: No. If the estate is complex, disputed, or involves minor heirs, the court may require probate. The affidavit is best for simple, uncontested cases involving real property.
Q: Can I use an affidavit of heirship for bank accounts or cars?
A: Usually not. Banks and the DMV require their own forms. In Texas, there’s a separate Affidavit of Heirship for Motor Vehicles (Form VTR-262).
Q: How much does it cost to notarize an affidavit of heirship?
A: NotaryLive sessions start at $25. County filing fees typically range from $50–$75.
Q: Is remote notarization as valid as in-person notarization?
A: Yes. Texas law has recognized Remote Online Notarization since 2018. A notarization performed through NotaryLive carries the same legal effect as an in-person seal.
Q: Where can I get something notarized today?
A: Use NotaryLive to notarize online from any device with a camera and internet, no travel or scheduling required.
