Heir Property

Heir Property

If you inherited a home in Texas and live in it as your primary residence, you can qualify for the full homestead exemption even if your name isn’t on the deed yet — this is called an heir property exemption.

Who Qualifies

You can claim the exemption if:

  • You inherited the property via willintestacy (no will), or transfer-on-death deed.
  • You occupy the property as your principal residence.
  • You can prove ownership, even if it’s not recorded in the deed.

Texas law under Senate Bill 1943 (2019) ensures heirs receive 100% of the homestead exemption, regardless of ownership share or multiple co-owners.

Required Forms

  • Form 50-114 – Residence Homestead Exemption Application.
  • Form 50-114-A – Affidavit for Heir Property Owners (notarized).

Application Steps

  1. Complete Form 50-114:
    • In Section 3, mark “Yes” for “Is the property for which this application is submitted an heir property?” 
  2. Sign and notarize Form 50-114-A:
    • State your ownership interest (percentage if known).
    • If multiple heirs live there, attach their notarized affidavits authorizing you to apply.
  3. Attach supporting documents:
    • Copy of the prior owner’s death certificate.
    • Recent utility bill showing your name or residence.
    • Court citations (probated will, divorce decree, etc.) if available.
  4. Submit to your county appraisal district:
    • File between Jan. 1 and April 30 of the year for which you’re claiming the exemption.
    • File online or by mail — no fee.

Important Notes

  • No recorded deed required: Texas law allows you to claim the exemption even if the deed hasn’t been updated.
  • Affidavit of heirship (Form 53-111-A) is not required to apply for the homestead exemption, but you may file it with the county clerk to establish ownership.
  • If you are age 65 or older or have a qualifying disability, you may also use the Form 50-114-A affidavit for those categories.

For forms and filing instructions, visit the Texas Comptroller’s website or your county’s appraisal district office.

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