Get PA 3800-PM-WSFR0083v 2010-2024

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.

A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of heirship as one document. Some counties let you file the two affidavits of heirship as one document if the decedent and property descriptions are the same.

DUE TO CURRENT EVENTS, ORIGINAL WILLS AND ORIGINAL BONDS MUST BE FILED WITH THE COUNTY CLERK'S OFFICE PROBATE DEPARTMENT EITHER BY MAIL OR DROPPING IT OFF IN THE AFTER HOURS BOX OUTSIDE THE DOORS OF THE CIVIL COURTHOUSE. E-FILE IS ALSO AVAILABLE.

The claimant must file this completed affidavit in the County Clerk's record in the county of the decedent's residence. The claimant must then upload a file stamped copy of the completed affidavit to ClaimItTexas.org.

Of course, one question that persists is, “How much does it cost to file an affidavit of heirship?” The nominal price of an Affidavit of Heirship is $500. It consists of the attorneys' fees to prepare the document and the cost to record the real property records.

The mailing address is: Harris County Clerk, P.O. Box 1525, Houston, TX 77251-1525.

Good to know: A Will may only be probated within 4 years of the death of a property owner in most cases. If this timeframe has lapsed, an Affidavit of Heirship may be a useful alternative as it can be filed at any time.

1. This form should be completed by someone other than an Heir. This person should be someone who is familiar with the family history of the deceased (decedent), and who will obtain no benefit from the Estate. The person who fills out the form is referred to as the “AFFIANT”.

The legal effect of the affidavit of heirship is that it creates a clean chain of title transfer to the decedent's heirs. An affidavit of heirship should be signed by two disinterested witnesses.

An affidavit of heirship should be signed by two disinterested witnesses. To qualify as a disinterested witness, one must be knowledgeable about the deceased and his or her family history, but cannot benefit financially from the estate.