Affidavit of Heirship

When your loved one dies without a will and you need to assert to the State of Texas that you are a legal heir of him or her, an affidavit of heirship form is what you need to complete. Once declared an heir of your loved one, you stand to potentially inherit property from his or her estate. A witness who is qualified to vouch for the authenticity of your application must be included in the affidavit for heirship. Additionally, information about the decedent including their name, spouse (if any), family history, date of death, status of having a will, and similar biographical information must be included. The probate court will use this information to determine who may come forward in the future to assert heirship over the estate of your deceased loved one. Your witness will need to sign the affidavit of heirship and the form will need to be notarized prior to filing.

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