AFFIDAVIT OF HEIRSHIP
TEMPLATE
STATE OF ___________________
COUNTY OF
BEFORE ME, the undersigned Notary Public, in and for said County and State, on this day
personally appeared , of , hereinafter called Affiant, being
the surviving spouse of , deceased, hereinafter called Decedent, said Affiant, being
by me duly sworn on oath, deposes and states that:
I, , as Decedent’s surviving spouse, was well and personally acquainted with
Decedent, who was born on and died intestate in in County, Texas on .
At the time of Decedent’s death, Decedent’s residence was at .
Decedent was only married and that was to me, , and we lived together as
husband and wife until his death on . The following children were born to this union:
1. DOB:
2. DOB:
3. DOB:
4. DOB:
5. DOB:
No other children were born of or raised by the decedent, and no children were brought into the
home of the decedent under circumstances that might indicate adoption.
Decedent died without a will OR with a will and it is attached hereto.
Pursuant to the Texas laws of intestacy, the heirs at law of Decedent are the following individuals:
Name Relation Married?
1.
2.
3.
4.
5.
Affiant further states that Decedent owned, as part of his estate, the following described property,
situated in County, Texas, more particularly described as follows:
Legal:
There was no administration had on the estate of Decedent and none is contemplated for the reason that there
is no necessity for an administration. All of the debts of the said Decedent, including funeral expenses and
expenses of last illness, have been paid in full. That the estate of the Decedent was under the sum of
1,000,000.00, as a result of which, neither Federal Estate Taxes nor State Inheritance Taxes are due.
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The undersigned Affiant, being the of Decedent named herein, states that all
foregoing statements are true and correct, and that all the allegations of the foregoing Affidavit are true in
substance and in fact, and no material fact or circumstance has been omitted from this Affidavit.
The following persons have knowledge regarding the decedent, the identity of decedent’s children,
if any, parents, or siblings, if any:
1. _____________, a friend of Decedent’s having known Decedent for over years.
2. _____________, a friend of Decedent’s having known Decedent for over years.
This Affidavit is given to induce First American Title Guaranty Company, and/or one of their
agents, to underwrite a policy of Title Insurance regarding the real property described in this affidavit.
I am aware of the penalties of perjury under Federal Law, which includes the execution of a false
affidavit, pursuant to 18 U.S.C.S., Section 1621 wherein it is provided that anyone found guilty shall be
fined or imprisoned not more than 5 years, or both. I am also aware that perjury in the execution of a false
affidavit is a criminal act pursuant to Section 37.02 of the Texas Penal Code. Finally I am also aware that
under Section 32.46 of the Texas Penal Code, a person commits an offense, if with intent to defraud or
harm a person, he, by deception, causes another to sign or execute any document affecting property or
service of the pecuniary interest of any person, and that an offense under such Section is a felony of the
third degree which is punishable by a fine of $10,000 and confinement in the Texas Department of
Corrections for a term of not more than 10 years or less than 2 years.
When the context requires, singular nouns and pronouns include the plural.
WITNESS MY HAND THIS _______ DAY OF _____________________________ , 2024.
_______________________________________
(Name)
SIGNED, SWORN TO AND SUBSCRIBED BEFORE ME, this day of
the _____________________________, 2024, by (Affiant) __
[Notary Seal]
_______________________________________
NOTARY PUBLIC, STATE OF TEXAS
[Acknowledgment on the following page].
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ACKNOWLEDGEMENT
STATE OF TEXAS '
'
COUNTY OF__________________ '
This instrument was acknowledged before me this day of ______________________________ ,
2024, by (__________________________________________), known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged to me that [he/she] executed the same for the
purposes and consideration therein expressed.
[Notary Seal]
_______________________________________
NOTARY PUBLIC, STATE OF TEXAS
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DISINTERESTED PARTY #1
STATE OF TEXAS '
'
COUNTY OF__________________ '
BEFORE ME, the undersigned Notary Public, in and for said County and State, on this day did
personally appeared , of who by me being duly sworn on oath,
deposes and states:
I, the undersigned, being a friend of Decedent’s and having known Decedent
for over _____ years, hereby state on oath, that I am personally familiar with the family and marital history
of , and that all the allegations of the foregoing affidavit are true in substance and in
fact, that was only married to and they lived together as husband and wife until
his death on that children was born to that union, namely
that Decedent had no other children, and that no material fact or circumstance has been omitted
from this affidavit.
WITNESS MY HAND THIS DAY OF ______________________________ , 2024.
_______________________________________
Disinterested Party #1
STATE OF TEXAS '
'
COUNTY OF__________________ '
This instrument was sworn to, subscribed to and acknowledged before me this day of
_____________________________, 2024, by , known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged and sworn to me that he/she executed
the same for the purposes and consideration therein expressed.
[Notary Seal]
_______________________________________
NOTARY PUBLIC, STATE OF TEXAS
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DISINTERESTED PARTY #2
STATE OF TEXAS '
'
COUNTY OF__________________ '
BEFORE ME, the undersigned Notary Public, in and for said County and State, on this day did
personally appeared , of , who by me being duly sworn on
oath, deposes and states:
I, the undersigned, being a friend of Decedent’s and having known Decedent
for over years, hereby state on oath, that I am personally familiar with the family and marital history
of and that all the allegations of the foregoing affidavit are true in substance and in
fact, that was only married to and they lived together as husband and
wife until his death on , that children was born to that union, namely
that Decedent had no other children, and that no material fact or circumstance has been
omitted from this affidavit.
WITNESS MY HAND THIS DAY OF ______________________________ , 2024.
_______________________________________
Disinterested Party #2
STATE OF TEXAS '
'
COUNTY OF__________________ '
This instrument was sworn to, subscribed to and acknowledged before me this day of
_____________________________, 2024, by , known to me to be the person whose
name is subscribed to the foregoing instrument, and acknowledged and sworn to me that he/she executed
the same for the purposes and consideration therein expressed.
[Notary Seal]
_______________________________________
NOTARY PUBLIC, STATE OF TEXAS
AFTER RECORDING RETURN TO:
