Texas Estates Code 203.002 – Form of Affidavit Concerning Identity of Heirs
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An affidavit of facts concerning the identity of a decedent’s heirs may be in substantially the following form:
AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
Before me, the undersigned authority, on this day personally appeared __________ (“Affiant”) (insert name of affiant) who, being first duly sworn, upon his/her oath states:
Terms Used In Texas Estates Code 203.002
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affidavit: means a statement in writing of a fact or facts signed by the party making it, sworn to before an officer authorized to administer oaths, and officially certified to by the officer under his seal of office. See Texas Government Code 312.011
- Child: includes an adopted child, regardless of whether the adoption occurred through:
(1) an existing or former statutory procedure; or
(2) an equitable adoption or acts of estoppel. See Texas Estates Code 22.004 - Decedent: A deceased person.
- Estate: means a decedent's property, as that property:
(1) exists originally and as the property changes in form by sale, reinvestment, or otherwise;
(2) is augmented by any accretions and other additions to the property, including any property to be distributed to the decedent's representative by the trustee of a trust that terminates on the decedent's death, and substitutions for the property; and
(3) is diminished by any decreases in or distributions from the property. See Texas Estates Code 22.012 - Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Real property: includes estates and interests in land, whether corporeal or incorporeal or legal or equitable. See Texas Estates Code 22.030
- sworn: includes affirm or affirmed. See Texas Government Code 312.011
- Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005
1. My name is __________ (insert name of affiant), and I live at __________ (insert address of affiant’s residence). I am personally familiar with the family and marital history of __________ (“Decedent”) (insert name of decedent), and I have personal knowledge of the facts stated in this affidavit.
2. I knew decedent from __________ (insert date) until __________ (insert date). Decedent died on __________ (insert date of death). Decedent’s place of death was __________ (insert place of death). At the time of decedent’s death, decedent’s residence was __________ (insert address of decedent’s residence).
3. Decedent’s marital history was as follows: __________ (insert marital history and, if decedent’s spouse is deceased, insert date and place of spouse’s death).
4. Decedent had the following children: __________ (insert 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: __________ (insert name of child or names of children, or state “none”).
6. (Include if decedent was not survived by descendants.) Decedent’s mother was: __________ (insert name, birth date, and current address or date of death of mother, as applicable).
7. (Include if decedent was not survived by descendants.) Decedent’s father was: __________ (insert name, birth date, and current address or date of death of father, as applicable).
8. (Include if decedent was not survived by descendants or by both mother and father.) Decedent had the following siblings: __________ (insert 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”).
9. (Optional.) The following persons have knowledge regarding the decedent, the identity of decedent’s children, if any, parents, or siblings, if any: __________ (insert names of persons with knowledge, or state “none”).
10. Decedent died without leaving a written will. (Modify statement if decedent left a written will.)
11. There has been no administration of decedent’s estate. (Modify statement if there has been administration of decedent’s estate.)
12. Decedent left no debts that are unpaid, except: __________ (insert list of debts, or state “none”).
13. There are no unpaid estate or inheritance taxes, except: __________ (insert list of unpaid taxes, or state “none”).
14. To the best of my knowledge, decedent owned an interest in the following real property: __________ (insert list of real property in which decedent owned an interest, or state “none”).
15. (Optional.) The following were the heirs of decedent: __________ (insert names of heirs).
16. (Insert additional information as appropriate, such as size of the decedent’s estate.)