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Do You Qualify For An Affidavit Of Heirship?

An Affidavit of Heirship is similar to a Small Estate Affidavit.  However, the Affidavit of Heirship is not ever filed with a Court. Instead, an Affidavit of Heirship can be recorded in the deed records of a county in which the deceased person owned real estate, and when someone is reviewing the deed records to determine ownership of the property, the affidavit will link the chain of title from the deceased person to the heirs listed in the Affidavit of Heirship. In order to properly qualify, the Affidavit must:

  1. Include all of the deceased person’s family history to properly identify the heirs;
  2. Be signed by two witnesses who do not stand to inherit from the deceased person;
  3. Include verifications from the witnesses as to how long they knew the deceased person and to the fact that he or she did not owe taxes at the time of death.

An affidavit of heirship applies when someone has died without a Will.  The best use for the Affidavit relates to estates where someone died owning nothing more than real estate. As a practical matter, real estate is the only asset that can be transferred using an Affidavit of Heirship.

Contact An Experienced Probate Attorney

If you have questions about exploring Alternatives to Probate, or you are unsure what type of probate is best for your circumstance, and you would like to discuss the case with an experienced probate attorney in Texas, contact 713-352-0937.