Affidavit of Heirship in Texas

Texas has both procedures. (1) Proceeding to declare heirship: a court may declare heirship when a person dies intestate owning property in Texas with no administration, or when property was omitted from a probated will or administration, among other cases (Tex. Estates Code ch. 202). (2) Affidavit of facts concerning the identity of heirs: a sworn, acknowledged affidavit about family history, marital status and the identity of the heirs may be recorded in the county deed records; once it has been of record for five years or more, a court must receive it as prima facie evidence of the facts in a heirship proceeding or title suit. The statute provides a suggested form (§ 203.002). The affidavit does not affect the rights of an omitted heir or creditor.

No spouse: everything to children and their descendants; if none, to the parents equally (if one parent survives, half to that parent and half to siblings and their descendants); if no parents, to siblings and their descendants; then to the grandparents' lines. Spouse survives: community property goes entirely to the spouse if all the decedent's children are also the spouse's children (or there are none); if the decedent had a child who is not the spouse's child, the decedent's half of the community property goes to the decedent's children. Separate property with children: the spouse gets one-third of the personal property and a life estate in one-third of the land; the children get the rest. Separate property with no children: the spouse gets all personal property and half the land; the other half goes to parents and siblings (all to the spouse if none survive).