Documents / Affidavit of Heirship
Affidavit of Heirship
A sworn statement identifying the heirs of a decedent, recorded in deed records.
The affidavit of heirship (AOH) is the workhorse of mineral title curative. When a decedent died without a will, or when probate was never filed, an AOH from a knowledgeable affiant — usually two — establishes the family tree on the public record.
In Texas, an AOH must be on file for at least five years before it's presumed prima facie evidence of heirship under Estates Code § 203.001. Operators and title attorneys still use newer AOHs as part of their curative package; the five-year rule just changes the evidentiary weight.
Quality varies wildly. A well-drafted AOH names the decedent, date and place of death, marital history, all children including those from prior marriages, and explicitly addresses adoption and any deceased descendants. A bad AOH says "Bob Smith died and his three sons inherited" and is useless.
Filed at: County clerk deed records
Typically appears when: Decedent died intestate · Probate was not opened · Mineral interests need to be cleared without probate
Also called: AOH, affidavit of heirs, heirship affidavit
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