December 14, 2023

Heir Property Homestead Exemption in Texas - What is it and how to claim?

I inherited a property which had a homestead exemption. Do I need to reapply for a homestead exemption?

Yes, whenever there is a change to the ownership records, one has to reapply for homestead exemption. Applying is free. Most appraisal districts have the homestead exemption application online. It is a DIY. ** Don't pay anyone for this.**

In section 3 of the homestead exemption application, Form 50-114, mention that this is an heir property. If you file for probate, provide the court filing/record number. In case there are multiple heirs (brothers/sisters/spouse of the deceased), provide the affidavits.

Heir property homestead exemption

There’s a question on the form that asks: "Is the property for which this application is submitted an heir property?" Check the "yes" box. Below that, there’s a question that asks: "Do other heir property owners occupy the property?" Check the "yes" or "no" box, depending on your situation. Provide the following documentation for proof that you own the property:

  • a copy of the prior property owner’s death certificate;
  • a copy of the property’s most recent utility bill;
  • only if available: a citation of any court record relating to your ownership of the property (such as a probated will or divorce decree); and
  • a notorized affidavit establishing your ownership in the property (in Form 50-114-A).

If you acquired the property by will, "transfer on death" deed or intestacy, and you were not specifically identified on the deed or any recorded instrument in the county, then you need to provide:

  • a notorized affidavit establishing ownership of interest in the property on Form 114-A.
  • a copy of the prior property owner’s death certificate;
  • a copy of the property’s most recent utility bill; and
  • A citation of any court record relating to the applicant’s ownership of the property, if available.


Heir property homestead exemption affidavit

Each heir property owner who occupies the property as a principal residence, other than the applicant, must provide an affidavit that authorizes the applicant to submit the homestead application. "AFFIDAVIT FOR OWNER OTHER THAN THE APPLICANT THAT OCCUPIES HEIR PROPERTY AS PRINCIPAL RESIDENCE"

Heir property homestead exemption co-owner affidavit

There are unpaid property taxes on my inherited home. What should I do?

You will have to pay the dues if you want to keep the property. Else the county may auction the property to recover their dues.

Next: How to fill the homestead application form

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