Sell an inherited house in Texas — without probate.

An affidavit of heirship is a sworn, notarized statement — authorized under Chapter 203 of the Texas Estates Code — that identifies who legally inherited a person's property under Texas law. It's recorded in the real property records of the county where the house sits, and it becomes part of the home's title history.

It's most commonly used when the person who passed didn't leave a will — or left one that was never taken through probate — and the main thing they left behind is the house. When that's the situation and all the heirs agree to sell, an affidavit of heirship is often all a title company needs to insure the sale and let a closing go through.

• An affidavit of heirship is prepared that identifies all of the legal heirs.
• Two disinterested witnesses — people who knew the family for years but don't stand to inherit (a longtime neighbor, a family friend, someone from church) — sign it in front of a notary.
• It's recorded in the county's real property records, becoming part of the home's chain of title.
• The heirs sign the deed to the buyer, and the title company insures the sale.

One thing worth understanding: the affidavit itself doesn't hand over the house — it's evidence of who the rightful heirs are. The heirs are the ones who actually sell, by signing the deed. The affidavit is what lets the title company be confident the right people are signing.

An affidavit of heirship tends to work well when:

• There was no will, or a will that was never probated
• All of the heirs agree on selling
• The estate is fairly simple and the house is the main asset

It can get complicated when:

• The heirs disagree, or an heir has been left out or can't be located
• There are significant debts against the estate
• There's a will that really does need to be probated
• The title company wants a formal court determination of heirship before it will insure the sale

Title companies have real discretion here, and some are more conservative than others. In the trickier situations they may ask for a determination of heirship or a full probate instead — which is exactly why you confirm the path with a title company, and where appropriate a licensed attorney, before relying on it.

This is general information, not legal advice. Whether an affidavit of heirship is the right tool depends on your specific circumstances — whether there was a will, whether all the heirs agree, whether there are debts against the estate, and whether the title company will accept it. Always confirm with a title company and, where appropriate, a licensed attorney before relying on it. Resilient Realty Investments is not a law firm and does not provide legal advice.