Why the family tree matters
When someone dies without a will, Texas law decides who inherits based on family relationships: spouse, children, parents, siblings, and so on. To clear title, the family needs to show who every heir is, including heirs who have since died and their heirs.
Start your map
- Start with the person whose name is on the deed. Write down when they died and whether they were married.
- List every child, including children from other relationships and adopted children. Note anyone who has died.
- For each child who has died, list their spouse and children, and repeat.
- Record full names, dates of birth and death, and where each person lives now.
Records that help
- Birth, death, marriage, and divorce certificates.
- Obituaries and funeral programs, which often list surviving family.
- Family Bibles, letters, and photographs with names and dates.
- Deed records from the county clerk and account history from the appraisal district.
- Census and church records for older generations.
Witnesses who knew the family
An affidavit of heirship is usually signed by people who knew the deceased person and their family well but do not inherit anything themselves. Neighbors, longtime friends, and church members are common choices. Start thinking early about who could serve.
Families often find missing relatives during this process. That is normal, and it is part of protecting everyone's share. We can help you organize what you have. Reach out.
This guide is general information about Texas law, not legal advice, and reading it does not create an attorney–client relationship. Laws change and every family's situation is different — talk with a licensed Texas attorney before acting.