Affidavit of Heirship Template

AFFIDAVIT OF HEIRSHIP TEMPLATE FAQ

What is an affidavit of heirship?

An affidavit of heirship is a sworn statement that identifies a deceased person’s heirs under intestacy law. Texas law-library guidance describes it as different from a formal court determination of heirship, and Texas self-help guidance uses it to help transfer a decedent’s interest in real property to heirs at law.

Why do you need an affidavit of heirship?

You need an affidavit of heirship when family members, title companies, or buyers need a written record of the decedent’s family history and heirs, especially for inherited real property. Texas self-help guidance notes that it may be used when the person died without a will, or when a will was not probated within four years, and county recording offices treat affidavits as recordable public records.

When should you use an affidavit of heirship?

Use an affidavit of heirship when inherited real property needs a recorded statement showing who the heirs are and no court order or probated estate document already establishes title clearly. Texas guidance says it should be filed where the property is located, and at least some county FAQs say it belongs in the county clerk’s official public records rather than the probate court file.

How to write an affidavit of heirship?

Start with the decedent’s identity, date and place of death, marital history, children and descendants, and then continue through parents, siblings, or other heirs as needed. Texas self-help guidance says the affidavit should be signed and notarized by someone who knew the decedent and the decedent’s family history, and it commonly uses two knowledgeable affiants. A practical form also includes the property description and any supporting records relevant to title.

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