Affidavit of Heirship

Purpose and Use

The affidavit provides proof of heirship in cases without a valid will. It’s often used to transfer real estate, access financial assets, or support a probate court proceeding. Some states—like Texas—allow heirs to use this form to bypass formal probate for real property transfers.

 

What It Includes

Key information generally required in the affidavit includes:

• Decedent’s name, address, and date/place of death
• Names and addresses of surviving relatives and former spouses
• Known deceased relatives and their date of death
• The affiant’s name, contact information, and relationship to the decedent
• A list of the decedent’s property and debts (if any)
• A statement confirming the decedent died without a will

 

Who Can Complete It

A disinterested third party must fill out the form—someone who knew the decedent and is familiar with their family but will not benefit from the estate. This could be a longtime friend, neighbor, or distant relative with no financial interest.

 

Filing and Notarization

The affidavit must be signed in front of a notary public, and depending on the jurisdiction, may require an additional disinterested witness. Once complete, it should be filed in the county records office where the decedent lived or owned property. Procedures and fees vary by location, so check with your local clerk’s office.

 

How to File (4 steps)

Gather Required Information

Collect the decedent’s full name, date of death, family tree details, and marital history. Obtain a copy of the death certificate if possible.

Complete the Affidavit of Heirship Form

Carefully fill out the form, ensuring all information is accurate and truthful. This statement is made under penalty of perjury.

Get the Affidavit Notarized

The affiant must sign the form before a notary public, who will verify their identity and confirm the signature.

File the Affidavit

Submit the completed and notarized affidavit to the county clerk’s or recorder’s office where the estate or property is located. Confirm fees and procedures with the local office before filing.

 

Frequently Asked Questions

Can I complete my affidavit of heirship?
No. Most states require a disinterested third party—someone who will not inherit from the estate—to complete and sign the form.

Does this affidavit transfer property ownership?
It depends on the state. In some states, like Texas, yes. In others, the affidavit may only be used as supporting evidence during probate.

Can the affidavit be contested?
Yes. Another party may challenge the affidavit by submitting a competing claim or documentation proving different heirs or interests.

Is it required if there’s a will?
Usually not. If a valid will exists and is submitted to probate, an affidavit of heirship is typically unnecessary.