Before proceeding, please review the legal disclaimer.

Affidavit of Heirship for Tarrant County, Texas (2025 Guide)

When a loved one passes away without a will, families are often left wondering how to transfer ownership of their property—especially real estate.

One possible shortcut to avoid a full probate case is the Affidavit of Heirship, a useful tool that’s recognized in Texas, including Tarrant County. But it only works in specific situations—and there are rules to follow.

This guide will walk you through how affidavits of heirship work in Tarrant County, when you can use one, and how to properly complete and file it.

What Is an Affidavit of Heirship?

An affidavit of heirship is a sworn legal document that identifies a deceased person’s heirs under Texas law when the person died without a will (also known as intestate).

It’s commonly used to transfer ownership of:

• Real estate (homes, land)

• Vehicles

• Other titled property

It is NOT a court order, but it can be used in place of probate in some situations to update property records.

When Can You Use an Affidavit of Heirship in Tarrant County?

You may be able to use this method if:

• The person died without a will (intestate)

• The estate consists primarily of real estate

• There is no pending probate

• At least two disinterested witnesses (not heirs) can swear to the family history

• All heirs are in agreement and no one is contesting the estate

⚠️ This document works best for clear-cut, uncontested cases. If the estate is large, includes debt, or there’s family conflict, probate may still be necessary.

Where to File an Affidavit of Heirship in Tarrant County

You’ll file the completed affidavit with the Tarrant County Clerk’s Office in the county where the real estate is located.

For real property:

• File it in the Real Property Records department

• Include a legal description of the property

• Notarize all signatures (including witnesses)

Tarrant County Real Property Records Office:

• Tarrant County Clerk

• 100 W. Weatherford Street

• Fort Worth, TX 76196

• www.tarrantcounty.com

What Should the Affidavit Include?

A complete affidavit of heirship should include:

• Full name and date of death of the decedent

• A list of heirs (spouse, children, etc.)

• Marital history and list of all children (including deceased)

• A legal description of any real property involved

• Statements by two disinterested witnesses who knew the decedent

• Notarized signatures

The form must be truthful and complete—false statements can carry legal penalties.

How Title Transfers Work With an Affidavit

Once recorded with the county clerk, the affidavit:

• Becomes part of the property’s public record

• Is often accepted by title companies (after a certain time period)

• May be used to sell or refinance the property

Many title companies require the affidavit to be on record for at least 5 years before allowing a sale—unless all heirs sign off directly.

Real-Life Example: Fort Worth Home Transfer

Linda’s uncle passed away in Fort Worth without a will, leaving only a small house and no debt. Instead of going through probate, the family prepared an affidavit of heirship, had it signed by two family friends, and filed it with the Tarrant County Clerk.

Within weeks, the property records reflected the heirs, and the family was able to refinance and later sell the home—without opening a court case.

Pros and Cons of Using an Affidavit of Heirship

✅ Pros:

• Quick and inexpensive

• No court proceedings required

• Works well for small, uncontested estates

⚠️ Cons:

• Only valid when there’s no will

• Not effective in contested estates

• Title companies may not accept it immediately for a sale

How The Lange Firm Can Help

At The Lange Firm, we:

• Prepare affidavits of heirship tailored to Tarrant County standards

• Review property records and legal history

• Help families avoid probate where possible

• Assist in transferring property titles properly and legally

If you’re unsure whether an affidavit is right for your case, we can help you decide the best path forward.

Final Takeaway

An affidavit of heirship can be a fast, affordable way to transfer property when someone dies without a will—but only if used correctly.

In Tarrant County, this tool can save time and money, especially for families with small estates and no disputes.

Contact The Lange Firm to get help preparing and filing your affidavit properly and protecting your rights in the process.

For additional probate information visit the Probate Home Page .