When someone dies without a will in Texas, state law decides who inherits. Before a bank, title company or buyer will deal with the heirs, someone has to prove who those heirs are. We handle every way of doing that, from a simple affidavit of heirship to a full court proceeding, and we untangle the hard cases: second marriages, children from other relationships, heirs who have died since, and relatives nobody can find.
Heirship, in short: When someone dies without a will in Texas, the heirs are proven in one of three ways: a court proceeding to declare heirship (Tex. Est. Code chapter 202), an affidavit of heirship recorded in the property records (chapter 203), or, for estates of $75,000 or less, a small estate affidavit (chapter 205). A heirship proceeding can be filed at any time after the death (§ 202.0025). If the estate also needs someone to collect assets or pay debts, the court can appoint an administrator in the same case.
Reviewed by Turner Henington, attorney, Texas Bar No. 24148206 · Updated November 2026
Texas intestacy law sets the order. A few common examples:
For the full rules, see our Austin intestate succession lawyer page.
| Option | Best for | How it works | Cost and time |
|---|---|---|---|
| Affidavit of heirship | Real estate in a simple family situation, when the title company will accept it | A sworn statement of the family history, signed by people who knew the family and recorded in the county property records. After five years of record it becomes prima facie evidence of heirship (§ 203.001). | Least expensive and fastest, but not a court judgment, and some title companies and buyers won’t rely on it |
| Small estate affidavit | Estates of $75,000 or less (not counting the homestead and exempt property) | A judge-approved affidavit. See small estate affidavits. | Inexpensive when it fits |
| Proceeding to declare heirship | Most estates with significant assets, complicated families, unknown heirs, or when a judgment is required | A court case ending in a judgment declaring the heirs (chapter 202) | Costs more and takes longer, usually a few months, but produces a court judgment |
If the estate has debts, accounts that need someone to sign, or property to sell, a judgment of heirship alone isn’t enough. The heirs can agree to an independent administrator, but the court must first declare who the heirs are (§ 401.003). We request both in one case to save time. See Probate with independent administration.
An affidavit of heirship is the least expensive option. A small estate affidavit usually costs more, and a court heirship proceeding costs the most because of the notice, the attorney ad litem and the hearing. We tell you which option the title company or bank will accept before you spend money on the wrong one, and we give you a written flat-fee quote.
Probate is filed in the county where the person lived when they died. We handle cases in:
Many hearings are short, and family members who live out of town can often handle much of the process with us by phone, video and mail.
Tell us a little about the situation and an attorney will contact you as soon as possible. There is no cost and no obligation. You can also call (512) 737-8404.
No. A proceeding to declare heirship can be brought at any time after the death.
It depends on who needs to rely on it. Many title companies accept an affidavit of heirship for a simple family, but some require a court judgment, especially for larger estates, complicated families or a pending sale.
Usually people who knew the deceased and the family well, ideally ones who do not inherit. The affidavit is signed before a notary and recorded in the county property records.
The case can still go forward. The court appoints an attorney ad litem to represent unknown or missing heirs, and notice is given by publication.
Usually not. A title company will want proof of who the heirs are, through a recorded affidavit of heirship or a court judgment, and all of the heirs typically must sign the deed.
Yes. When the estate needs an administrator, the court can declare heirship and appoint an independent administrator in the same proceeding if the heirs agree.
This page is general information, not legal advice for your situation. Reading it does not create an attorney-client relationship.
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