Texas's recorded instrument, Affidavit of Facts Concerning the Identity of Heirs, rests on a statute written for a sworn statement of heirs. What a recorded affidavit does, in the statute's words: prima facie evidence of the facts contained in the statement, in a proceeding to declare heirship or a suit involving title to propertyTex. Estates Code § 203.001(a)Verified Sep 24, 2026View source. The effect attaches once the affidavit has been of record for 5 yearsTex. Estates Code § 203.001(a)(2)Verified Sep 24, 2026View source. It is evidence of the facts it states, not a deed; it does not itself transfer title, and a purchaser, lender or title company decides whether to rely on it.
Who may sign, in the statute's words: a person personally familiar with the family and marital history of the decedent who has personal knowledge of the facts stated in the affidavitTex. Estates Code § 203.002 item 1Verified Sep 24, 2026View source. The statute names no witness requirementTex. Estates Code ch. 203 (scan)Verified Sep 24, 2026View source. Title companies commonly ask that the affiant be someone other than an heir, or that two people who know the family sign; the office relying on the affidavit sets what it will accept. It states: Affiant's name and residence address; that the affiant is personally familiar with the decedent's family and marital history and has personal knowledge of the facts stated; The period the affiant knew the decedent; the decedent's date of death, place of death, and residence address at death; The decedent's marital history (and, if the decedent's spouse is deceased, the date and place of the spouse's death); The decedent's children: name, birth date, name of other parent, and current address, or date of death and descendants of a deceased childTex. Estates Code § 203.002 items 1-16Verified Sep 24, 2026View source.
The state's intestacy statute sets the order: the surviving spouse and children first, then parents, siblings, and more distant relatives, with shares that differ by state. The Who Inherits Calculator applies your state's order and shows each person's share.
Directly from the institution, on its claim form, with the death certificate and the beneficiary's identification. The policy or account passes outside the estate and does not wait for probate. The letter of instruction is addressed to the specific insurer or bank and follows its published document list.
In most states, yes, when the estate is under the state's small estate limit and the waiting period after the death has passed. The heir presents the small estate affidavit to the bank or other holder of the property. The builder checks the estate against your state's limit before it produces the document.