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TX Affidavit of Heirship 1

AFFIDAVIT OF HEIRSHIP

STATE OF TEXAS __________§

COUNTY OF _______________§

Date:

Deceased:

Property:

[First] Spouse:

[Second, etc., Spouse:]

Affiant:

Affiant on oath swears that the following statements are true:

Affiant makes this affidavit of heirship in connection with the death and heirship of Deceased and particularly in connection with the property.

THE AFFIDAVIT SHOULD CONTAIN AS MUCH OF THE FOLLOWING INFORMATION AS POSSIBLE:

1. County of Deceased's residence

2. Affiant's relationship with Deceased

3. Facts indicating knowledge of matters relating to heirship, such as number of years and capacity in which Affiant knew Deceased

4. Nature and extent of knowledge of births, marriages, divorces, and deaths relating to heirship of Deceased

THEN, CONTINUE WITH THE FOLLOWING

Deceased was born on ________________ at ________________.

Deceased died on _________________ at _________________ at age ____________, a resident of _______________________, without leaving a will. Affiant knows of no completed, pending, or contemplated administration of the estate.

Deceased was [never] married [only once] [twice, three times, etc.].

IF DECEASED WAS EVER MARRIED, THEN SUPPLY THE FOLLOWING FACTS FOR EACH MARRIAGE:

1. Full name of spouse;

2. Date and place of marriage;

3. Whether marriage continued until Deceased's death, or was terminated before that death; if terminated, state whether by:

a. Divorce (giving date, place, court style, and case number) or

b. Death of spouse (giving date and place);

4. Number of children born to marriage, number of children adopted during marriage, and number of persons taken into the home of Deceased with the understanding of adoption (if there are none in any or all of those three categories, state so affirmatively);

5. For each child still living, the full name, birth date, birthplace, marital status (with spouse's name, if married), and residence address;

6. For each child not still living, the full name, birth date, birthplace, date of death, legal residence at date of death, and existence or non-existence of a will (if a will exists, state whether it has been probated; if probated, state the name and location of the court and the style and number of the case; if there is no will, execute a separate, complete affidavit of heirship for the deceased child or incorporate into this affidavit of heirship all the facts making up an affidavit of heirship for the deceased child).

THEN, CONTINUE WITH THE FOLLOWING

No children other than those named in this affidavit of heirship were (1) born to Deceased while married or outside of marriage, (2) adopted by Deceased, or (3) taken into the home of Deceased with the understanding of adoption.

ADD THE FOLLOWING IF HEIRSHIP FACTS FOR DECEASED OR CHILDREN OF DECEASED ARE INCORPORATED INTO THE AFFIDAVIT OF HEIRSHIP

No children, grandchildren, or other direct descendants other than those named in this affidavit of heirship were (1) born to (either while married or outside of marriage), (2) adopted by, or (3) taken into the home[s] of the deceased child[ren] of Deceased.

CONTINUE WITH THE FOLLOWING

Deceased's estate consists [solely] of Deceased's community one-half interest in the community property of Deceased and [Second, etc.] Spouse [and separate property, if any]. The gross value of Deceased's estate, as defined for federal estate tax purposes to include all real estate, stocks, bonds, mortgages, notes, cash, life insurance on Deceased's life, jointly owned property, transfers during Deceased's life, powers of appointment, annuities, cash surrender value on life insurance owned by Deceased, and other tangible and intangible assets, does not exceed [THE AMOUNT OF THE FEDERAL ESTATE TAX EXEMPTION EQUIVALENT FOR THE YEAR OF DEATH]. Filing is not required for any federal estate tax return or state inheritance tax return, and no federal estate taxes or state inheritance taxes are due on Deceased's estate.

All debts of the estate [e.g., other than a purchase-money lien against the property] have been paid. There has been no probate administration of Deceased's estate. To Affiant's best knowledge, information, and belief, the estate requires no administration. Affiant does not intend to seek any administration and knows of no administration proceedings contemplated by others.

ADD THE FOLLOWING IF APPROPRIATE

The property was the homestead of Affiant and Deceased at the time of Deceased's death, and it continues to be Affiant's homestead.

_______________________________________

Affiant

Type or Print Name: ____________________

STATE OF TEXAS __________§

COUNTY OF ________________§

This instrument was acknowledged before me on _______________________ by ____________________________.

____________________________________

Notary Public, State of Texas

SWORN TO AND SUBSCRIBED before me by ______________________________ on ____________________________.

____________________________________

Notary Public, State of Texas

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