[TX] The loan company found an error in my Affidavit of Heirship. How do I submit a replacement?
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In Texas, an Affidavit of Heirship (AOH) serves as a legally recognized instrument under the Texas Estates Code, particularly §§ 203.001–203.002, to establish the identity of heirs when a decedent has died intestate (without a will), and the property in question passes through intestate succession.
While the AOH is not a judicial determination of heirship, it functions as evidence of family relationships and ownership for title transfer purposes. It must be executed by two disinterested witnesses (affiants) who have personal knowledge of the decedent’s family history and are not beneficiaries or heirs themselves.
If the original affidavit from 2007 contained only one affiant’s signature, it would not meet the statutory or customary evidentiary standards required by many title companies or lenders. Thus, your lender's attorney is justified in requesting an updated AOH with the requisite two signatures to ensure compliance with standard underwriting and title examination protocols.
It is legally permissible and often advisable to add a brief explanatory statement to the replacement affidavit clarifying that it is being executed to correct a prior deficiency—such as the absence of a second affiant—in order to meet current legal or lender requirements.
You may consider inserting a sentence such as:
“This Affidavit of Heirship is executed as a corrected and updated replacement of a prior version dated [insert date], which contained only one affiant, and is provided to comply with current statutory and underwriting requirements.”
Ensure that the new affidavit is properly notarized and that both affiants swear to the accuracy of the information under penalty of perjury, consistent with Texas notarial and probate standards.
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I live in Texas, and I'm in the process of getting a title loan on a piece of property. The company found an error in an AOH (Affidavit of Heirship). The company attorney is requiring a new AOH with 2 signatures for affiants instead of the one on the form they found dated in 2007. Therefore, can I add a brief couple of sentences to the form I just generated with you guys, explaining that this is a replacement because of the 2-signature requirement?
I understand the situation with the title loan and the need for a new AOH form. Have you consulted with the company attorney about adding additional information to the form?
Yes, they said it probably is a good idea. BUT as you know, consultation of any kind is not free.
Are you looking for guidance on how to properly amend the AOH form to include the explanation for the replacement due to the 2-signature requirement?
Yes.
Is there anything else the Lawyer should know before I connect you? Rest assured they'll be able to help with your AOH form amendment.
No, I already have my notary on standby with 2 affiants.
Good afternoon and welcome to AskALawyer. Please give me a moment to review your question.
In Texas, an Affidavit of Heirship (AOH) serves as a legally recognized instrument under the Texas Estates Code, particularly §§ 203.001–203.002, to establish the identity of heirs when a decedent has died intestate (without a will), and the property in question passes through intestate succession.
While the AOH is not a judicial determination of heirship, it functions as evidence of family relationships and ownership for title transfer purposes. It must be executed by two disinterested witnesses (affiants) who have personal knowledge of the decedent’s family history and are not beneficiaries or heirs themselves.
If the original affidavit from 2007 contained only one affiant’s signature, it would not meet the statutory or customary evidentiary standards required by many title companies or lenders. Thus, your lender's attorney is justified in requesting an updated AOH with the requisite two signatures to ensure compliance with standard underwriting and title examination protocols.
It is legally permissible and often advisable to add a brief explanatory statement to the replacement affidavit clarifying that it is being executed to correct a prior deficiency—such as the absence of a second affiant—in order to meet current legal or lender requirements.
You may consider inserting a sentence such as:
“This Affidavit of Heirship is executed as a corrected and updated replacement of a prior version dated [insert date], which contained only one affiant, and is provided to comply with current statutory and underwriting requirements.”
Ensure that the new affidavit is properly notarized and that both affiants swear to the accuracy of the information under penalty of perjury, consistent with Texas notarial and probate standards.
Does that make sense?
Yes it does. But just to be clear, this can be added at the end of the form before the affiants sign their names and before it's notarized, correct?
Yes, that's correct.
