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The purpose of an Affidavit of Heirship is to put the county records on notice for mineral owners who are deceased that did not have probate proceedings administered to their estate.
The statute allowing for an affidavit of tangible personal property to transfer an estate's personal assets also allows for an affidavit of death and heirship to transfer severed mineral interests to an heir. The affidavit must be filed with the county clerk in the county where the property is located.
This document ensures the legal transfer or clean chain of transfer of the property's title. Title companies require a clean train of title transfer to insure the property for sale, and most title companies will accept an affidavit of heirship.
A properly prepared Texas Affidavit of Heirship must provide the following information: The deceased owner's full name, last address, date of birth and date and place of death. It should list all real estate owned by the deceased owner.
An affidavit of heirship must be signed and sworn to before a notary public by a person who knew the decedent and the decedent's family history. This person can be a friend of the decedent, an old friend of the family, or a neighbor, for example.