First, the affidavit of heirship must be prepared and signed by someone with first-hand, personal knowledge of family history (marriages, births, and deaths)

1. thoroughly review relevant family facts, including whether or not the es and addresses of all heirs and other parties in interest, including their relationship to the deceased and (if relevant) their marital histories and whether or not they had children, the goal being to clearly map out the deceased’s line of succession with reference to applicable sections of the Estates Code;
2. identify the affected real property, since this is how county clerks are able to record the instrument within the intended chain of title (it is astonishing how many affidavits of heirship fail to mention any property at all, making them of dubious value); and
3. reach a reasoned conclusion as to the identity of the heirs and the amount of their respective interests. The affidavit should end with a positive assertion, for example: “Pursuant to Estates Code Section , I therefore assert that I am the sole rightful of John Jones, deceased. Accordingly fee simple title to the subject property vested solely in me and no other persons at the time of the decedent’s death.”

In filing an affidavit of heirship, an affiant is making a case-the case that the named heir or heirs now have full rights to specific real property.

Curing title (resolving heirship issues) outside of probate court is usually a two-step process. Accordingly, Internet forms should never be used for this or any other serious legal purpose.

The affidavit of heirship will generally be presumed to be true after it is has been filed of record for at least five years, although no title underwriter is bound by this.

The second step in the process, after drafting, execution, and filing of the affidavit is a deed transfer that focuses title into a single heir who may then keep the property or sell it. Alternatively, all heirs ple) sign conveying the property to a third-party buyer. Read more