Texas Affidavit of Facts Concerning the Identity of Heirs

TEXAS AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS

Before signing: Complete each applicable statement from the statutory model below with facts within the affiant's personal knowledge. Modify the will and estate-administration statements if their stated facts are untrue. The optional statements and statements limited to a decedent without descendants or surviving parents should be completed only as applicable. Under Tex. Est. Code § 203.001(a), a qualifying affidavit recorded for five years or more in the specified county deed records can be prima facie evidence of the stated facts in a covered court proceeding; § 203.001(d) preserves the rights of omitted heirs and creditors.

Before me, the undersigned authority, on this day personally appeared [____________________________] ("Affiant") (insert name of affiant) who, being first duly sworn, upon his/her oath states:

1. My name is [____________________________] (insert name of affiant), and I live at [____________________________] (insert address of affiant's residence). I am personally familiar with the family and marital history of [____________________________] ("Decedent") (insert name of decedent), and I have personal knowledge of the facts stated in this affidavit.

2. I knew decedent from [____________________________] (insert date) until [____________________________] (insert date). Decedent died on [____________________________] (insert date of death). Decedent's place of death was [____________________________] (insert place of death). At the time of decedent's death, decedent's residence was [____________________________] (insert address of decedent's residence).

3. Decedent's marital history was as follows: [____________________________] (insert marital history and, if decedent's spouse is deceased, insert date and place of spouse's death).

4. Decedent had the following children: [____________________________] (insert name, birth date, name of other parent, and current address of child or date of death of child and descendants of deceased child, as applicable, for each child).

5. Decedent did not have or adopt any other children and did not take any other children into decedent's home or raise any other children, except: [____________________________] (insert name of child or names of children, or state "none").

6. (Include if decedent was not survived by descendants.) Decedent's mother was: [____________________________] (insert name, birth date, and current address or date of death of mother, as applicable).

7. (Include if decedent was not survived by descendants.) Decedent's father was: [____________________________] (insert name, birth date, and current address or date of death of father, as applicable).

8. (Include if decedent was not survived by descendants or by both mother and father.) Decedent had the following siblings: [____________________________] (insert name, birth date, and current address or date of death of each sibling and parents of each sibling and descendants of each deceased sibling, as applicable, or state "none").

9. (Optional.) The following persons have knowledge regarding the decedent, the identity of decedent's children, if any, parents, or siblings, if any: [____________________________] (insert names of persons with knowledge, or state "none").

10. Decedent died without leaving a written will. (Modify statement if decedent left a written will.)

11. There has been no administration of decedent's estate. (Modify statement if there has been administration of decedent's estate.)

12. Decedent left no debts that are unpaid, except: [____________________________] (insert list of debts, or state "none").

13. There are no unpaid estate or inheritance taxes, except: [____________________________] (insert list of unpaid taxes, or state "none").

14. To the best of my knowledge, decedent owned an interest in the following real property: [____________________________] (insert list of real property in which decedent owned an interest, or state "none").

15. (Optional.) The following were the heirs of decedent: [____________________________] (insert names of heirs).

16. (Insert additional information as appropriate, such as size of the decedent's estate.)

Signed this [____] day of [____________________________], [____].

[____________________________]

(signature of affiant)

State of [____________________________]

County of [____________________________]

Sworn to and subscribed to before me on [____________________________] (date) by [____________________________] (insert name of affiant).

[____________________________]

(signature of notarial officer)

(Seal, if any, of notary) [____________________________]

(printed name)

My commission expires: [____________________________]

Official source

• Texas Estates Code, Chapter 203 — Nonjudicial Evidence of Heirship