Texas · Estates Code chapter 203Texas affidavit of heirship: what it says and when it counts

When a Texas homeowner dies and the house is to be sold without a full probate, heirs often record an affidavit of facts concerning the identity of the decedent's heirs. Texas Estates Code §203.002 gives a form: the affiant – someone personally familiar with the family – states how long they knew the decedent; the date and place of death and last residence; the marital history; every child, with birth dates, the other parent and current addresses (or dates of death and the descendants of children who died); that there are no other children, adopted or raised; if there were no descendants, the parents and siblings; whether there was a written will and whether the estate was administered; any unpaid debts and estate or inheritance taxes; the real property the decedent owned; and, optionally, the names of the heirs and other people who knew the family. Under §203.001, a statement of these facts in a sworn and certified affidavit, or in a court judgment, is prima facie evidence in a proceeding to declare heirship or a suit over title once it has been of record for five years or more in the deed records of the county where the property is, or where the decedent lived at death. Anyone can still prove the true facts if the statement is wrong, and the affidavit doesn't affect the rights of an omitted heir or of the decedent's creditors.