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Affidavit of heirship: what it means

An affidavit of heirship is a document signed under oath before a notary in which someone who knows the family tells the family history of a person who died: their marriages, their children and, if needed, their parents and siblings. It also says whether the person left a will, debts or property.

In Spanish it is

Declaración jurada de herederos

Also written as: affidavit of facts concerning the identity of heirs · heirship affidavit

Verified on October 17, 2026

1 official source

See the whole dictionary

The full explanation

In Texas, the law provides a model form and says that once it has been on file in the county deed records for a set time, a court accepts it as evidence of those facts unless someone proves otherwise. It does not take away the rights of an heir who was left out or of a creditor.

An example

Teresa's grandmother died without a will and the house is still in her name in Texas. A neighbor who knew the family for years signs an affidavit of heirship before a notary listing the grandmother's children, and the family records it with the county.

You will see it in…

The deed records of the county where the property is
A court case to declare who the heirs are
A lawsuit over title to an inherited property

Words that go with it

You will rarely see this word alone. These are the ones that show up with it on the same papers.

Still confused by a paper?

A HUD-approved housing counselor can walk you through it. Agencies usually charge little or nothing, many work in Spanish, and they do not sell you anything.

What a housing counselor does See free help

Official sources

We sum up what these official sources say, in plain words. We add no rules they do not state; when a rule changes, the definition and its date change.

1. Texas Legislature · Texas Estates Code, Chapter 203: nonjudicial evidence of heirship (§§203.001–203.002) (external site) · in English · Verified on October 17, 2026