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An affidavit of heirship must be executed by TWO DISINTERESTED WITNESSES with personal knowledge of the deceased party's family and marital history. It must be made under oath and signed before a notary. In this case, ?disinterested? means that the witness will not benefit financially from the estate.

The affidavit must be signed by two witnesses who knew the deceased and can testify to the facts of the deceased's relationship to the heirs. It must also be notarized. The affidavit of heirship must be filed with the county court clerk in the county where the deceased resided in order to be valid and legally binding.

An affidavit of heir is a written statement that allows an estate to move forward with an uncontested probate. The person who signs the affidavit is agreeing that they are the rightful owner of the assets and that they will transfer them to the appropriate parties as soon as the probate process is complete.

An affidavit of heirship must be signed and sworn to before a notary public by a person who knew the decedent and the decedent's family history. This person can be a friend of the decedent, an old friend of the family, or a neighbor, for example.

Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so. At that point, the deed most commonly used to transfer the property is a General Warranty Deed.

The Heirship Affidavit need only be signed Page 2 and sworn by the disinterested parties. All signatures must be in the presence of a Notary Public. Clerk of the county of decedent's residence, along with an Order for the Judge to sign approving it as conforming with the requirements of TPC §137.