Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
The “county clerk” is a county office that, among other duties, serves as the keeper of property records. For anyone dealing with inherited real estate, this is the office that holds the documents showing how a property has changed hands and what’s recorded against it.
When it comes to real estate, the county clerk maintains the official property records, sometimes called the deed records or real property records, for the county. Deeds, liens, mortgages, affidavits of heirship, and similar documents are filed and recorded here. When you want to see who is on record as owning a property, whether there are recorded liens against it, or whether an affidavit of heirship has been filed, the county clerk’s records are generally where that information lives. These records are typically public.
This makes the county clerk a key resource for understanding an inherited property’s title. By checking the recorded documents, you can often piece together the chain of ownership, spot a mortgage or other lien, and see what’s officially attached to the property. It’s also where documents that clear or transfer title, like a new deed or an affidavit of heirship, get recorded so they become part of the official record.
It helps to keep the county clerk and the district clerk straight, since the names are similar. The county clerk focuses on property records and other county documents, while the district clerk handles district court case files, including many tax suits. So for the property’s ownership and lien history, you look to the county clerk; for the lawsuit itself, the district clerk. Knowing which office holds what lets heirs gather the full picture of an inherited property efficiently.
A couple of quick questions:
What would I find at the county clerk’s office? Recorded property documents such as deeds, liens, mortgages, and affidavits of heirship. It’s where you check ownership and what’s recorded against a property, and the records are generally public.
How is this different from the district clerk? The county clerk keeps property and other county records, while the district clerk keeps district court case files, including many tax suits. Property history with one; the lawsuit with the other.
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