Affidavit of Heirship: A Complete Guide

Establish inheritance rights when there is no will through a legally recognized affidavit process.

Key Concepts

What is an Affidavit of Heirship?

A legal document signed under oath that identifies the heirs of a deceased person who died without a will (intestate). It can be used to transfer property titles outside of probate court.

When Is It Used?

Most commonly used to transfer real property (real estate) when: there is no will, the estate is small enough to avoid full probate, and all potential heirs agree on the transfer.

Who Qualifies as an Heir?

Heirs are determined by state law in a priority order: surviving spouse → children → grandchildren → parents → siblings → other relatives. Each state's intestacy laws define the specific order.

State Rules Vary

Texas and Louisiana have well-established affidavit of heirship statutes. Other states may require different procedures. Always consult a local attorney before proceeding.

How to File an Affidavit of Heirship

1
Gather Family History Information
Collect full legal names, dates of birth, marriage, and death for the deceased and all potential heirs.
2
Draft the Affidavit
Work with an attorney to prepare the affidavit, which must be signed by two disinterested witnesses who knew the deceased.
3
Have It Notarized
The affidavit must be signed before a notary public. Both witnesses and the affiant must sign in the notary's presence.
4
Record with County Clerk
File the notarized affidavit with the county clerk's office in the county where the property is located.

Official Resources

Next Steps

Consult an Attorney

An attorney can verify your state's specific requirements and draft a legally sound affidavit.

Find a Lawyer →

Prepare Your Will

Prevent future inheritance complications by creating a will today.

View Will Checklist →

Explore POA Options

Power of attorney handles decisions during your lifetime — equally important.

View POA Guide →