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When using an affidavit of heirship in Texas, the witnesses must swear to the following conditions:They knew the decedent.The decedent did not owe any debts.The true identity of the family members and heirs.The person died on a certain date in a certain place.The witness will not gain financially from the estate.
Small Estate Affidavit Process in TexasName and address of decedent.Date of death.Description of assets.Description of debts.Names and addresses of distributes.Signatures of distributees.
An affidavit specifying name of the deceased, date and location of death and name of the deponent is a written statement by legal heir(s) declaring and confirming the death details of the deceased. The affidavit can be used as evidence in the court of law, in case the matter is disputed and a suit is filed in court.
The small estate affidavit can be used only if ALL of the following conditions apply: 1 The deceased person died WITHOUT A WILL. If there is a will, a small estate affidavit CANNOT be used whether the will has been offered for probate or not. 2 More than thirty (30) days must have passed since the date of death.
ChecklistThe name and address of the deceased party (called the "Decedent")The name and address of the party providing sworn testimony in this affidavit (called the "Affiant")The date and location of the Decedent's death.Whether or not the Decedent left a will and, if so, the name and address of the Executor.More items...