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If there has been no prior probate or transfer of property from the decedent's estate, there is generally no time limit on filing an heirship claim.

The Heirship Affidavit need only be signed Page 2 and sworn by the disinterested parties. All signatures must be in the presence of a Notary Public. Clerk of the county of decedent's residence, along with an Order for the Judge to sign approving it as conforming with the requirements of TPC §137.

Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so.

An affidavit of heirship must be signed and sworn to before a notary public by a person who knew the decedent and the decedent's family history. This person can be a friend of the decedent, an old friend of the family, or a neighbor, for example.

An Affidavit of Heirship is filed in the county deed records office of the property's location. This legal document does not transfer the real property. ing to Texas Estates Code, it becomes evidence regarding the property's ownership once it has been on file for five years.

A ballpark fee for preparation of the affidavit is between $750 for a very simple estate with few heirs to several thousand dollars for a more complicated estate with many heirs. The filing fees to record the affidavit in each county where the real property is located usually run about $50 to $75 in Texas.