Heirs' Property
Affidavit of heirship in Texas: selling heirs' property for cash.
When land passes without a will or probate, the deed often stays in the late owner's name for years and the heirs share it. We buy heirs' property directly, and we work through the heirship paperwork with a licensed title company.
- We pay cash
- No agent commission
- Sell it as-is
- A written offer, no obligation
- You pick the closing date
What to know
How it usually works
Heirs' property is land that passed to family members without a will or probate, so the deed still shows someone who has died. Every heir owns a share, and a buyer usually needs every share. In Texas, the most common way to show who the heirs are is an affidavit of heirship: a sworn statement of the late owner's family history (marriages, children, parents and siblings) that is signed before a notary and recorded in the county deed records. The Texas Estates Code (Chapter 203) gives a standard form for it, and once it has been recorded for five years, courts accept it as evidence of the facts in it. When the family is complicated or the facts are disputed, a court can declare who the heirs are instead.
- Gather the family history. Who the late owner was married to, every child (including any who have died and their children), and dates of death. Old obituaries and family Bibles help.
- Prepare the affidavit of heirship. Many title companies have their own form and want it signed by someone who knew the family well and does not inherit. Ask the title company what it requires before anyone signs.
- Record it and line up the heirs. The affidavit is recorded in the county where the land is. Each heir usually signs the sale, and heirs who live elsewhere can often sign by mail or mobile notary.
- Get a cash offer and close. Back taxes and liens are normally paid from the sale. The title company pays each heir their share at closing.
Questions
Common questions
What is an affidavit of heirship in Texas?
It's a sworn statement about a person who died: their marriages, children and other relatives, and who inherited their property. It's signed before a notary and recorded in the county deed records. Chapter 203 of the Texas Estates Code provides a standard form.
Is an affidavit of heirship enough to sell the land?
Often, when the family history is simple and the title company accepts it. Some title companies require more, such as a court determination of heirship. The title company decides what it will insure.
What does the five-year rule mean?
Under Texas Estates Code 203.001, once an affidavit has been recorded in the county deed records for five years or more, a court will accept it as prima facie evidence of the facts in it. It does not cut off the rights of an heir or creditor who was left out.
What if one heir won't sell?
Usually every owner has to sign to sell the whole property. A co-owner may be able to ask a court to divide or sell the land, which is called a partition. Talk to a Texas real estate attorney about your options.
This page is general information, not legal or tax advice. Every family and every property is different. For your situation, talk to a Texas attorney. Apex Freedom Fund buys land; we are not attorneys and we don’t represent sellers.
Other situations we buy in
- Inherited Land
- Probate
- Divorce
- Back Taxes
- Foreclosure
- Liens & Title Problems
- Out-of-State Owners
- Landlocked Land
- Ag Exemption Land
- Minerals & Water
- Floodplain Land
- Unwanted Land
Where we buy
We buy land all over Texas, with a focus on these areas: Houston & Gulf Coast · DFW & North Texas · Austin–San Antonio · Central Texas I-35 · Lubbock & South Plains · West Texas & Permian Basin · South Texas & the Valley.