This affidavit establishes in the real property records the death of an owner of real property and the status of the heirs of the decedent and is used if there is no will or administration in the probate court. This form is based on the one suggested by the statute. See Tex. Est. Code § 203.002.
Affidavit of Facts Concerning Identity of Heirs
Date:
Decedent:
Property:
[First] Spouse:
[Second Spouse:]
Affiant:
Affiant on oath swears that the following statements are true and are within the personal knowledge of Affiant:
1.My name is [name of affiant], and I live at [address]. I am personally familiar with the family and marital history of [name of decedent], Decedent, and I have personal knowledge of the facts stated in this affidavit.
2.I knew Decedent from [date] until [date]. Decedent died on [date]. Decedent’s place of death was [place of death]. At the time of Decedent’s death, Decedent’s residence was [address].
3.Decedent’s marital history was as follows: [describe marital history and, if the decedent’s spouse is deceased, specify the date and place of the spouse’s death].
4.Decedent had the following children: [specify 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: [specify name[s] of child[ren] or state “none”].
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Include the following if the decedent was not survived by descendants. |
6.Decedent’s mother was: [specify name, birth date, and current address or date of death of mother, as applicable].
7.Decedent’s father was: [specify name, birth date, and current address or date of death of father, as applicable].
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Include the following if the decedent was not survived by descendants or by both mother and father. |
8.Decedent had the following siblings: [specify 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”].
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Include the following if applicable. |
9.The following persons have knowledge regarding Decedent, the identities of Decedent’s children, if any, and parents or siblings, if any: [specify names of persons with knowledge or state “none”].
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Continue with the following. |
10.Decedent died without leaving a written will. [Modify statement if the decedent left a written will.]
11.There has been no administration of Decedent’s estate. [Modify statement if there has been administration of the decedent’s estate.]
12.Decedent left no debts that are unpaid, except: [specify debts or state “none”].
13.There are no unpaid estate or inheritance taxes, except: [specify unpaid taxes or state “none”].
14.To the best of my knowledge, Decedent owned an interest in the following real property: [specify real property in which the decedent owned an interest or state “none”].
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Include the following if applicable. |
15.The following were the heirs of Decedent: [specify names of heirs].
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Continue with the following. |
16.[Include additional information as appropriate, such as size of the decedent’s estate.]
[Name of affiant]
SUBSCRIBED AND SWORN TO before me on __________________ by [name of affiant].
Notary Public, State of Texas