Function

• Under Texas probate laws, an affidavit of heirship is a statement of facts regarding family history, lineage, and other matters relevant to determining the family history of a deceased person, or decedent. This document can be used in probate or real-estate proceedings to determine who is a legal heir to the deceased person. The heirs are the persons entitled to recognition in probate court proceedings and to receive property from the decedent's estate.
  
  

Eligibility and Liability

• In order for an affidavit of heirship to be accepted in a Texas probate court, it must be signed by two individuals who have no interest in the estate. This means neither of the affiants (the persons swearing to the information contained in the document) can gain anything financially or otherwise from the estate the affidavit refers to. These affidavits are sworn instruments in court, so both signers can be held responsible and face penalties if false information is knowingly given.
  
  

Required Sections

• The Texas statutes include a general form for the affidavit of heirship but do not require the form be used exactly as it appears in the Texas code. All affidavits must contain the majority of the information referenced in the general form. An affiant must state her full name, place of residence, the name of the decedent, the length of time the affiant knew the decedent, and a statement swearing the affiant had personal knowledge of the decedent's history. Marital history about the decedent must be included, as well as the names of any children the decedent had, including adopted children.
  
  

Additional Facts

• If the decedent does not have a surviving spouse or children, the identity of the decedent's mother and father is included. This information is required even if both parents of the deceased person are also dead. If both of the decedent's parents are no longer living, any information the affiant has about siblings or other relatives of the decedent must be included, specifically any children of siblings who died before the decedent. Any other relevant facts the affiant is aware of concerning possible unnamed heirs to the estate can also be cited in the document.
  
  

General Rules

• An affidavit of heirship does not affect the interest of any heir or creditor not mentioned in the document. If there are any errors on the document, anyone with an interest in the estate can file in court to have the mistake corrected or addressed as along as supporting documentation is provided as evidence. In cases where an affidavit of heirship cites unknown heirs, the court may appoint an attorney to act as guardian ad litem. The guardian must investigate the matter further and protect the interest of the unknown heirs until the matter is resolved.