About Affidavit of Heirship
Establishes the identity of heirs for a decedent's estate when there is no probated will or as a supplement to probate proceedings.
When you'd use it: File with the county clerk in the county of the decedent's residence when claiming heirship rights, particularly for small estates or when a will was not probated.
Where to get the official form
The official version of Affidavit of Heirship is published as a PDF by the Texas courts. We checked this link and it resolved to a form on an official court or government website — always download the current version directly from the source rather than a third-party copy:
Verified official PDF
Download Affidavit of Heirship (PDF) →
Source: comptroller.texas.gov
Link last checked: May 31, 2026
How to file Affidavit of Heirship in Texas
- Step 1 — Confirm you have the correct formUse Affidavit of Heirship (53-111-A) when file with the county clerk in the county of the decedent's residence when claiming heirship rights, particularly for small estates or when a will was not probated. Double-check it's the right form for your situation — Texas probate forms are revised periodically, so verify the name and number against your court's current form list before you start.
- Step 2 — Complete every required fieldFill out Affidavit of Heirship carefully and review it for errors before filing. Probate cases can already take months — a small mistake on the form can set your timeline back further.
- Step 3 — Get it notarized or witnessed if requiredSome probate forms must be signed in front of a notary or witnesses. Check the instructions on the form itself, and arrange notarization before you file if it's required.
- Step 4 — File it with the correct courtSubmit Affidavit of Heirship to the probate court or county clerk handling the estate — usually in the Texas county where the deceased lived. Ask the clerk how they prefer to receive filings (in person, by mail, or e-filing).