Affidavit of Facts

Affidavit of Facts or Affidavit of Heirship

What is an Affidavit of Facts?

An affidavit of facts (which is also commonly called an affidavit of heirship) is a sworn statement of facts relating to a decedent’s family, marital status, and genealogy.

The affidavit of facts (which also commonly called an affidavit of heirship) generally must be signed by every person who would inherit property from the decedent under the Texas Probate Code. The affidavit of facts must also be signed by at least two disinterested persons (non-family members) who are personally familiar with the decedent’s family and genealogy.

What is the purpose of an Affidavit of Facts?

The use of affidavits of facts is narrowly limited or confined to facilitate the transfer of real property interests in Texas only.  Affidavits of facts are not useful or helpful in the collection of personal property.

The accuracy of the sworn statements contained within an affidavit of heirship will be presumed correct after the document has been recorded for at least five years in the official records of real property in the county where the land is located.  Title companies in Texas often will accept sworn affidavit of facts to facilitate the sale and transfer of land.

I regularly assist clients in the preparation of affidavit of facts (which are also commonly called affidavits of heirship).