An affidavit of heirship is a written statement made under oath naming all the surviving heirs of a deceased person (“decedent”). It is filed with the court to initiate the distribution of the decedent’s estate if they died intestate, meaning they did not leave a last will and testament.

Specific requirements can vary across different states and counties. In some states, such as Texas, an affidavit of heirship can be used to bypass the lengthy probate process to transfer ownership of the decedent’s real property.^[1]

An affidavit of heirship commonly includes the following information:^[2]

• The decedent’s name, address, date and place of death
• The decedent’s surviving spouse and former spouses — names and addresses
• All known surviving relatives, including children, grandchildren, siblings, parents, nieces, and nephews — names and addresses
• The decedent’s deceased relatives and their date of death
• The affiant (person filling out the affidavit)’s contact information and signature
• A list of the decedent’s real properties and debts (if applicable)
• A statement that the decedent did not have a will

In most states, the affidavit of heirship must be completed by a disinterested third party who:

1. Is familiar with the decedent’s family history and tree; and
2. Will not benefit from the decedent’s estate.

The affiant — the person filing the affidavit — can be a close friend of the decedent, a family friend, or a neighbor. A last resort can be another family member with no financial interest in the estate.

Depending on the jurisdiction, the affiant may be required to have known the decedent for ten years or more.

It is typically filed and recorded in the county records office in the county where the decedent’s estate is located. Depending on the jurisdiction, it may also be filed with the local probate or surrogate’s court.

The affidavit of heirship requires detailed information about the decedent’s marital history and family tree, including the full names and contact information of all possible heirs and facts about the decedent’s death. It may be helpful to obtain the decedent’s death certificate.

It is also recommended to double-check with the county clerk to verify that the decedent did not record a last will and testament.

All the information provided on the affidavit of heirship is sworn to be true under penalty of perjury. As such, the affiant (person signing the affidavit) must do their due diligence in acquiring and fact-checking all the information provided on the affidavit of heirship.

The affiant must sign the completed affidavit in the presence of a notary public to verify their identity. Some county clerk offices also provide notary services.

After the affidavit of heirship is completed and notarized, it must be filed in person in the county where the decedent owned property. Because local filing procedures can vary widely between jurisdictions, it is recommended to check with the local county clerk’s office about where to file the affidavit and the cost of filing fees.

The affidavit of heirship must be sworn to and signed by a disinterested third party who is closely familiar with the decedent’s family tree and marital history.

It depends on the state and county. In Texas, an affidavit of heirship can be used to transfer ownership of real property to the legal heir without going through probate. In other states, an affidavit of heirship can be required as part of the probate process, meaning the affidavit alone cannot transfer title.

Yes. To contest an affidavit of heirship, the contesting party must file their own affidavit with supporting documentation to prove their claim.