[TX] Who should I put as the affiant on an Affidavit of Heirship?
I am trying to fill out this affidavit and not sure who the affiant is. I thought it was the person who knew the decedent the longest. However, the first line is confusing me.
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In your situation, the "affiant" is the person signing the affidavit—the one swearing to the truth of the statements in it. This does not necessarily have to be the daughter of the deceased, though it can be. It could also be a neighbor, family friend, or anyone with personal knowledge of the facts stated in the affidavit (e.g., relationship history, family structure, who lived where, etc.).
To clarify:
- The affiant = the person making and signing the sworn statement.
- If the affidavit begins with: “I, [name], being of lawful age and residing at...”—that name is the affiant.
If the purpose is to establish who the heirs are under Texas intestacy laws, the affiant should be someone who knew the decedent well enough to state:
- Whether they were married,
- Who their children were (and whether any children predeceased them),
- That they died intestate (without a will), etc.
If this is an Affidavit of Heirship, Texas law requires it be signed by two disinterested witnesses—people who are not heirs and have no financial interest in the estate. (Texas Estates Code § 202.151(b)(1))
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I am trying to fill out this affidavit and not sure who the affiant is. I thought it was the person who knew the decedent the longest. However, the first line is confusing me.
Lexi, Chatbot
I understand that the first line of the affidavit is confusing you. Who is listed on the first line of the document?
The neighbor... should it be the daughter of the deceased?
Lexi, Chatbot
Could you provide more details about the purpose of the affidavit and what information it is requesting from the affiant?
Yes, my dad is trying to get a homestead for property and we were told that since the deceased has a daughter (not his daughter) that she will own 50% and we have to have this.
Andres Sanchez
Hello! I’m Andres Sanchez, an expert in estate law. I understand you're navigating an affidavit for your father's homestead property, and I'm here to help.
What state are you in?
Texas.
Andres Sanchez
In your situation, the "affiant" is the person signing the affidavit—the one swearing to the truth of the statements in it. This does not necessarily have to be the daughter of the deceased, though it can be. It could also be a neighbor, family friend, or anyone with personal knowledge of the facts stated in the affidavit (e.g., relationship history, family structure, who lived where, etc.).
To clarify:
- The affiant = the person making and signing the sworn statement.
- If the affidavit begins with: “I, [name], being of lawful age and residing at...”—that name is the affiant.
If the purpose is to establish who the heirs are under Texas intestacy laws, the affiant should be someone who knew the decedent well enough to state:
- Whether they were married,
- Who their children were (and whether any children predeceased them),
- That they died intestate (without a will), etc.
If this is an Affidavit of Heirship, Texas law requires it be signed by two disinterested witnesses—people who are not heirs and have no financial interest in the estate. (Texas Estates Code § 202.151(b)(1))
So would I have to do two affidavits?
Andres Sanchez
Yes, you’ll typically need two separate Affidavits of Heirship, each signed by a different disinterested witness.
And that is it... does the daughter need to sign too? She will be signing over the deed to him because she wants no interest in the property.
Andres Sanchez
Yes. If the daughter is an heir and wants to give up her interest, she will need to sign a deed—not the affidavit. The Affidavit of Heirship is just for disinterested witnesses who knew the decedent.
Now the other question I have is—it states the decedent did not have any interest in real property. Would the real property be the address in question or any other real property?
Andres Sanchez
That statement means the affiant is swearing that the decedent did not own any real estate anywhere—not just the specific property in question.
In your case:
If the decedent did own the property (alongside your father), then that statement is false and should be removed or corrected.
Instead, the affidavit should state:
“The decedent owned real property located at [insert property address or legal description].”
You can cross out or edit that clause if it appears automatically and replace it with accurate information.
OK, yes, they both owned it so I can edit the document.
Andres Sanchez
Exactly. You want the document to be true and reflect the decedent’s ownership accurately.
Looking to see if I need anything else... OK so 2 disinterested parties for affidavit and then notarized, correct?
Andres Sanchez
Yes, that’s correct.
Andres Sanchez
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