Heirship affidavit
A sworn, recorded statement naming a deceased owner's heirs, used to show who inherited real estate when no probate was opened.
Definition
An heirship affidavit (also called an affidavit of heirship) is a sworn statement, usually signed by people who knew the deceased owner's family, that names the heirs and describes the family history. It is recorded in the county deed records and is used to show who inherited real estate when the owner died without a will and no probate was opened.
Texas is the best-known example. Under Texas Estates Code chapter 203, a recorded statement of heirship facts that has been of record for five years or more is received by courts as prima facie evidence of those facts. Title companies in some states accept heirship affidavits, but they may still require probate, signatures from every heir or a court order. The affidavit does not by itself transfer title, and the Texas statute says it does not affect the rights of an omitted heir or a creditor. For a buyer, it usually means every heir has to sign the deed. Rules vary by state; confirm with a local real estate attorney.
Source: tcss.legis.texas.gov
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