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Affidavits of heirship without the guesswork

Get your affidavit of heirship right on the first try with the Heirsy Kit, which includes the Affidavit Builder, Heirship Guide, and Video Course.

Start your affidavit now →

Just $197

Two adult siblings talking over coffee at a kitchen table.

Recorded or Refunded. If the county won’t record your affidavit, you get your money back.

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What is an affidavit of heirship?

An affidavit of heirship is a sworn statement that shows who inherits a person’s property after they die. Families use it when there is no will, or when the will was never probated.

Most families use an affidavit of heirship to clear the title to a house or land so they can sell it, refinance it, or pass it on. It is signed by one heir and two witnesses before a notary. Once recorded in the county where the property is located, it becomes proof of heirship, all without going to court.

Is an affidavit of heirship right for you?

Answer three simple questions to learn if an heirship affidavit might be right for situations like yours.

Question 1 of 3

Did the person who died leave behind real estate in Texas?

A house, land, or other real estate.

The Heirsy Kit

The Heirsy Kit takes you from a blank form to an affidavit that is ready to sign and record. It includes an online tool to build your affidavit, a written guide to answer common questions, and a video course to walk you through the process step by step. The Heirsy Kit has everything you need to prepare your affidavit quickly and with confidence.

  1. The Affidavit Builder's heirs step, showing each heir's share.

    The Affidavit Builder

    You provide information about the family. The Affidavit Builder puts the document together for you, tells you if anything is missing, and calculates what each heir inherits.

  2. The first page of the Heirship Guide.

    The Heirship Guide

    A clear and direct explanation of what the affidavit does, what it does not do, and how to avoid common pitfalls.

  3. The Video Course

    A video series that walks you through how to use the Affidavit Builder, to make your experience as smooth and stress-free as possible.

Plus five bonus guides

  • Annotated sample affidavitWhat is it supposed to look like?
  • Witness FinderWho can sign, and what do I say to them?
  • County Recording Guide, all 254 Texas countiesWhere do I take it, what does it cost, can I mail it?
  • Title Company Readiness ChecklistWhat will they ask me for?
  • It’s Rejected, Now WhatThe clerk or the title company said no. What do I do?

Using the Kit

Four steps, start to finish.

  1. 1.

    Answer questions

    Tell us about your family, your witnesses, and the property.

  2. 2.

    Review the affidavit

    The Affidavit Builder puts your answers into the form.

  3. 3.

    Sign before a notary

    When your affidavit is ready, sign it in front of a notary.

  4. 4.

    Record at the county

    Take or mail your affidavit to the county where the property is.

Let’s get started →

Our guarantee to you

Recorded or Refunded.

If the county won’t record your affidavit, you get your money back.

This covers any affidavit you made with our Affidavit Builder. Email us the clerk’s rejection. If the problem is with the form of the affidavit, we refund your $197. If it was signed, witnessed and notarized and the county still won’t record it, that’s on us.

Two things are outside the guarantee, because they are outside our control. The Affidavit Builder fills the form with facts you provide: names, dates, the property description, and family relationships as you entered them. A rejection based on information you provided is not covered. The guarantee is also limited to recordings by the county clerk. It does not guarantee that a title company will accept an affidavit, because each title company sets its own requirements and those requirements change over time.

Read the refund policy →

Get started today for just $197.

The Heirsy Kit

$197

One payment. No subscription. Start today.

  • The Affidavit Builder fills in the form from your answers
  • It works out each heir’s share and shows you how
  • The Witness Finder tells you who can sign
  • You get recording steps for your county
  • Recorded or Refunded

Texas attorneys commonly charge $750 to $2,000 for an affidavit of heirship.

A grandmother, her daughter and her granddaughter laughing together on a porch.

Who we are

Heirsy grew out of a Texas service business that prepared affidavits of heirship for families and investors, one at a time, for a fee. We saw the same questions and the same mistakes, over and over. Most of those families could have done it themselves with the right instructions, which was our inspiration to create Heirsy.

We are not a law firm, and we do not give legal advice. But Texas law lays out formulas for creating affidavits of heirship and determining what heirs inherit. Those formulas are at the core of our Affidavit Builder. We unpack them in our Heirship Guide. And we talk about them in our Video Course.

Our mission at Heirsy is to make the affidavit of heirship process more accessible to Texas families, so fewer properties are needlessly left in legal jeopardy.

Common questions.

Can I legally do this myself in Texas?
Yes. An affidavit of heirship is a sworn statement by witnesses, recorded with the county clerk. Texas law provides the form (Estates Code §203.002) and does not require an attorney to prepare or record it.
Isn't the form free?
Yes. There are simple affidavit of heirship forms available online, as well as in the Texas statutes. But not every family is the same. Some are big, some small. Some are blended, some not. The Heirsy Kit is your stress-free alternative to figuring out how to customize a free form to meet the specific needs of your family.
What if there's a will?
An affidavit of heirship is generally not the right tool if there is a will, but there are exceptions. For example, an affidavit of heirship may be appropriate if the will is missing or was not probated within four years of the person's death. The Heirship Guide walks through each of the exceptions in detail.
Who has to sign?
One heir and two disinterested witnesses. Our Witness Finder will help you find your witnesses and talk to them about participating in the process.
Do all the heirs have to agree?
No. The affidavit requires only one heir to sign, along with two disinterested witnesses.
How long does it take?
You can build the affidavit tonight. Signing takes one trip to a notary. Recording is same-day in person or a week or two by mail. Whether and when a title company will insure a sale based on it is up to the title company.
Will a title company accept it?
Each title company decides for itself, based on how its own rules apply to a given transaction. The Readiness Checklist will help prepare you to respond to questions and requests a title company is most likely to pose.
Why not just pay a lawyer?
If you have the money and a few weeks, a Texas attorney is a fine choice. Texas attorneys may charge $750 to $2,000 to prepare an affidavit of heirship, depending on their hourly rate and how much time they spend on the engagement.
What if the clerk won't record it?
Email us the clerk's rejection and you get your $197 back. That covers any affidavit the Builder made, including one that was signed, witnessed and notarized and still turned away. Two things are not covered: a rejection caused by facts you entered, like a name, a date or the property description, and whatever a title company later decides.
Is this legal advice?
No. Heirsy is not a law firm. The Kit explains the law and applies it to the facts you provide. It does not decide your case. If you are unsure whether an affidavit fits your situation, consult a Texas attorney.
What about other states?
The Kit is Texas only.
Is there a Spanish version?
Yes. Every part of the Kit is available in Spanish. The affidavit itself is produced in English, because that is what the clerk records; the Builder explains every field in Spanish.
The first page of the Texas Intestate Succession Chart.

Free Texas Intestate Succession Chart

Who inherits in Texas when there is no will? See for yourself in this easy-to-follow infographic.