Chapter 11 : Affidavits and Recitals

• Library: Standards for Examination of Real Estate Titles in Arkansas (2021 Ed.)

CHAPTER 11: AFFIDAVITS AND RECITALS

Standard 11.1 In General

Employment of affidavits and factual recitals in conveyances is sound practice. Adequate affidavits or recitals should be accepted and relied upon in conformity with statutes providing for this use, in accordance with these standards, and in keeping with recognized usage.¹⁴⁷

Standard 11.2 Whose Affidavits or Recitals Are Acceptable

Affidavits or recitals should be made by persons competent to testify in court, state facts rather than conclusions and disclose the basis of the maker's knowledge.

Standard 11.3 Certificate of Death, Birth or Marriage Preferred

In general, certified copies of certificates of death, birth and marriage are preferable to affidavits or recitals to establish the facts of death, birth and marriage.

Standard 11.4 Affidavits of Occupancy and Use

Affidavits containing sufficient factual information as to occupancy and use of real property to establish adverse possession thereof for a period of 24 years should ordinarily be accepted when supported by the chain of title for that period of time.¹⁴⁸ The affidavit should contain a legal description of the property that is the subject of the affidavit and should be recorded so that it imparts constructive notice.

Standard 11.5 Affidavits of Death and Heirship

Death and heirship may be established by the affidavit of any person in a position to know and to be able to recall the facts pertaining thereto.

An affidavit of death and heirship should state the following:

1. When and where the decedent died and whether testate or intestate;
2. The relationship, if any, of the affiant to the decedent and the source of knowledge concerning the decedent;
3. The marital status of the decedent and, if married, the duration of the marriage last preceding death;
4. The name of the spouse if the decedent was married; the number of times married and divorced; whether the spouse is alive and, if not, the time and place of death; whether any natural children were born to the decedent; and whether there were any adopted children;
5. All other information necessary to determine the decedent's heirs at law in accordance with the Arkansas Tables of Descent;¹⁴⁹
6. The same information set out in Items 1 through 5 above regarding any deceased child;
7. The names of the spouses of the decedent's children (determine the same information as in Item 4, above); and
8. Whether any of the persons named were under some type of disability, guardianship or in the

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