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Texas Probate Code - Section 52A. Form Of Affidavit Of Facts Concerning Identity Of Heirs

Legal Research Home > Texas Laws > Probate Code > Texas Probate Code - Section 52A. Form Of Affidavit Of Facts Concerning Identity Of Heirs

§ 52A. FORM OF AFFIDAVIT OF FACTS CONCERNING IDENTITY OF 
HEIRS.  An affidavit of facts concerning the identity of heirs of a 
decedent may be in substantially the following form:

AFFIDAVIT OF FACTS CONCERNING THE IDENTITY OF HEIRS
	Before me, the undersigned authority, on this day personally 
appeared __________ ("Affiant") (insert name of affiant) who, being 
first duly sworn, upon his/her oath states:
	1. My name is __________ (insert name of affiant), and I live 
at __________ (insert address of affiant's residence).  I am 
personally familiar with the family and marital history of 
__________ ("Decedent") (insert name of decedent), and I have 
personal knowledge of the facts stated in this affidavit.
	2. I knew decedent from __________ (insert date) until 
__________ (insert date). Decedent died on __________ (insert date 
of death).  Decedent's place of death was __________ (insert place 
of death). At the time of decedent's death, decedent's residence was 
__________ (insert address of decedent's residence).
	3. Decedent's marital history was as follows:  __________ 
(insert marital history and, if decedent's spouse is deceased, 
insert date and place of spouse's death).
	4. Decedent had the following children:  __________ (insert 
name, birth date, name of other parent, and current address of child 
or date of death of child and descendants of deceased child, as 
applicable, for each child).
	5. Decedent did not have or adopt any other children and did 
not take any other children into decedent's home or raise any other 
children, except:  __________ (insert name of child or names of 
children, or state "none").
	6. (Include if decedent was not survived by descendants.)  
Decedent's mother was:  __________ (insert name, birth date, and 
current address or date of death of mother, as applicable).
	7. (Include if decedent was not survived by descendants.)  
Decedent's father was:  __________ (insert name, birth date, and 
current address or date of death of father, as applicable).
	8. (Include if decedent was not survived by descendants or by 
both mother and father.)  Decedent had the following siblings:  
__________ (insert name, birth date, and current address or date of 
death of each sibling and parents of each sibling and descendants of 
each deceased sibling, as applicable, or state "none").
	9. (Optional.)  The following persons have knowledge 
regarding the decedent, the identity of decedent's children, if 
any, parents, or siblings, if any:  __________ (insert names of 
persons with knowledge, or state "none").
	10. Decedent died without leaving a written will.  (Modify 
statement if decedent left a written will.)
	11. There has been no administration of decedent's estate.  
(Modify statement if there has been administration of decedent's 
estate.)
	12. Decedent left no debts that are unpaid, except:  
__________ (insert list of debts, or state "none").
	13. There are no unpaid estate or inheritance taxes, except:  
__________ (insert list of unpaid taxes, or state "none").
	14. To the best of my knowledge, decedent owned an interest in 
the following real property:  __________ (insert list of real 
property in which decedent owned an interest, or state "none").
	15. (Optional.)  The following were the heirs of decedent:  
__________ (insert names of heirs).
	16. (Insert additional information as appropriate, such as 
size of the decedent's estate.)

Signed this ___ day of __________, ___.                                       
                                               _________________________________
(signature of affiant)                                                          

State of __________                                                           

County of __________                                                          
	Sworn to and subscribed to before me on __________ (date) by 
__________ (insert name of affiant).
                                               _________________________________
(signature of notarial officer)                                                 

(Seal, if any, of notary) __________                                          
(printed name)                                                                  
                                              My commission expires:  __________

Added by Acts 1999, 76th Leg., ch. 1538, § 2, eff. Sept. 1, 1999.          

Last modified: August 11, 2007