Your Affidavit of Heirship Roadmap

Confirm the decedent died without a valid will

Confirm the primary estate asset is real property (land or a house) — affidavits of heirship do not transfer financial accounts

Identify every legal heir under Texas intestacy — full names, dates of birth, addresses, and current status

Identify two disinterested witnesses who knew the decedent for at least 10 years and have no financial interest in the estate

Document the family history fully — marriages, divorces, children (biological, step, and adopted), prior deaths

Document any prior real-estate transactions involving the decedent or the property

Obtain certified copies of the death certificate from Texas Vital Statistics

Have the affidavit drafted by an attorney — title underwriters routinely reject DIY heirship affidavits

Coordinate notarized signatures from the witnesses and heirs

Record the affidavit in the deed records of every county where the real property sits

Plan for the 5-year title-insurance seasoning period — most title companies require the affidavit on record for 5 years before insuring a sale

Schedule a flat-fee consultation with WG Law — if you need to sell or refinance within 5 years, a Determination of Heirship may be the safer path