Across El Paso, from Ysleta to the Northeast, there are homes still titled in the name of a grandparent who died years ago without a will. The family has lived there, paid the taxes and treated it as their own, but the deed records at the El Paso County Clerk say otherwise. An affidavit of heirship solves that problem on paper. It is a sworn statement, signed by two people who knew the family but inherit nothing, that lays out the decedent's marriages, children and death, and identifies who inherits under Texas intestacy law. Once recorded, it becomes part of the chain of title.
Texas Estates Code Chapter 203 governs the affidavit. Section 203.001 provides that a statement of facts concerning family history, genealogy, marital status or the identity of heirs, once it has been on record for five years or more in the deed records of the county where the property sits, is prima facie evidence of those facts in any later heirship proceeding or title dispute. Section 203.002 supplies a suggested statutory form, which we follow closely because title companies know it. The affidavit does not itself transfer title or bind anyone; it is evidence of who the heirs are under Chapter 201, and its strength grows with time and with the quality of the witnesses.
Navar Law prepares the affidavit for a flat fee, interviews the family to build an accurate history, identifies qualified disinterested witnesses, handles notarization and records the document with the El Paso County Clerk. No court is involved and you never appear before a judge. Because the affidavit is only as good as the facts in it, attorney Robert Navar checks each marriage, divorce, child and stepchild against Texas intestacy rules before anything is signed. An affidavit with a missing child, an unmentioned prior marriage or the wrong legal description can cloud the title for decades and force a costly determination of heirship later. Done right, it is the fastest path to a sale or refinance.
When an affidavit of heirship works, and when it does not
It works best when the decedent died without a will, the family history is straightforward, all heirs agree, and the main asset is real estate in El Paso County that the heirs want to keep, sell or refinance. It also helps when the death happened long ago and no one wants to open a court case. Many El Paso title companies will insure a sale based on a well-drafted affidavit, sometimes with a companion deed from all the heirs.
It is the wrong tool when heirs disagree, when a child or spouse from a prior relationship is unknown or missing, when there are significant unpaid debts, or when a bank or title underwriter insists on a court judgment. In those cases we recommend a determination of heirship in probate court, which produces a binding judgment, or a small estate affidavit if the estate is under $75,000 and the homestead is going to a spouse or minor children.
Recording with the El Paso County Clerk
The signed and notarized affidavit is recorded in the Official Public Records of Real Property at the El Paso County Clerk's office downtown. Recording fees are modest and set per page. We include the full legal description of the property from the prior deed, not just the street address, so the affidavit indexes correctly against the parcel. Once recorded, we provide file-stamped copies for the title company, the appraisal district and the heirs, and where a sale is planned we prepare the deed from the heirs so the transaction closes cleanly.
What's included
- Family-history interview and intestacy analysis under Texas Estates Code Chapter 201 to confirm each heir's share
- Title review of the prior deed and El Paso County records to capture the correct legal description
- Drafting of the affidavit following the statutory form in § 203.002
- Guidance on selecting two qualified disinterested witnesses and preparation of each witness
- Notarization at our office and recording with the El Paso County Clerk
- File-stamped copies for the title company, appraisal district and heirs
- Optional companion deed from the heirs when a sale or consolidation is planned
How it works
Family history and title review
We interview the family about the decedent's marriages, children and death, pull the current deed from El Paso County records, and confirm who inherits under Texas law. You receive a flat-fee quote at this stage.
Drafting and witness signatures
We draft the affidavit on the statutory form, walk your two disinterested witnesses through what they are swearing to, and notarize the signatures at our office on Vista Del Sol or by mobile notary if needed.
Recording and delivery
We record the affidavit in the El Paso County real property records and deliver file-stamped copies. If you are selling, we coordinate with the title company so the affidavit and any heirs' deed are ready for closing.