Record an affidavit of heirship in Harris County at the Harris County Clerk's Real Property Division, Civil Courthouse Annex, 201 Caroline Street, Houston, TX 77002. The 2024–2025 recording fee is $25 for the first page plus $4 for each additional page. Bring the original notarized affidavit, a certified copy of the death certificate, and photo ID. E-recording through Simplifile, CSC, or ePN is available and is often faster than in-person filing.
Affidavit of Heirship Harris County, Texas: How to Record and What It Costs
Affidavit of Heirship — Texas, Harris
An Affidavit of Heirship establishes the identity of the heirs to a deceased person's property in Texas. It requires two disinterested witnesses who knew the deceased and must be recorded with the county clerk.
Real-World Example: Filing in the Right County
James's mother died owning a house in Houston (Harris County). James lives in Dallas and drove to the Dallas County Clerk's office with a completed, notarized affidavit of heirship. The clerk explained: the affidavit must be recorded in the county where the property is located — Harris County — not the county where the heir lives. A recording in Dallas County has no effect on a title search in Harris County.
What James did instead:
- Created an account with Simplifile (simplifile.com), the e-recording service most commonly used by Houston-area filers.
- Uploaded his signed, notarized affidavit as a PDF and the certified death certificate as supporting documentation.
- Submitted and paid the recording fee electronically: $33 (first page $25 + two additional pages at $4 each).
- Received a recording confirmation number from Harris County within 48 hours — without making the drive to Houston.
- Ordered a certified copy through the Harris County Clerk's online portal to present to his mother's bank.
Total time from submission to certified copy: 5 business days. Total cost: $33 recording fee plus $15 for a certified copy. No trip to Houston required.
Should You Record in Harris County? Decision Framework
| Your Situation | Where to File |
|---|---|
| Property is located in Houston or unincorporated Harris County | Harris County Clerk — 201 Caroline St, Houston |
| You live in Harris County but the property is in another county | File with the county where the property is located — not Harris County |
| Property spans Harris and Montgomery counties | File with both county clerks separately |
| You prefer not to drive to Houston | E-record via Simplifile, CSC, or ePN — no in-person visit required |
| You need same-day recording | In-person at the Real Property Division counter |
Where to File in Harris County
Harris County Clerk, Real Property Division
E-Recording (Recommended for Most Filers)
Harris County accepts electronic recording through three authorized services:
- Simplifile (simplifile.com) — most commonly used by Houston-area attorneys and title companies
- CSC (erecording.com)
- ePN (epndirect.com)
E-recording submissions are typically processed within 1–2 business days — faster than in-person during busy periods. The affidavit must still be physically notarized before e-recording. Upload the final notarized version — not a draft.
What to Bring to the Harris County Clerk
Required:
- • Original notarized affidavit (the clerk records the original)
- • Certified copy of the death certificate (photocopy not accepted)
- • Photo ID
- • Payment: cash, check, money order, or major credit/debit card
Helpful (not always required):
- • Two extra copies of the affidavit (for certified copies after recording — $5/page)
- • County appraisal district property record (if clerk has questions about property identification)
Common Mistakes That Get This Document Rejected
The "5-Year Waiting Period" Myth
Some online resources claim that a Texas affidavit of heirship is not legally effective until five years after recording. This is not accurate. Texas law does not impose a mandatory five-year waiting period. The affidavit becomes effective when recorded.
The five-year figure is a practitioner risk-management recommendation regarding title insurance — not a statutory requirement. Recording the affidavit with the Harris County Clerk immediately establishes it in the deed records.