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The Texas affidavit of heirship form must be filled out and filed on behalf of a decedent's heir and can not be completed by the heir. Instead, two disinterested parties who know the necessary details about a decedent's family life need to fill out the form.
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.
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.
There is no need for all heirs to agree to sell a property if it is still in probate. The heirs need to petition the court for approval to sell the property. If they file a suit for partition, the court can order a property sale.
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.