Texas Affidavit of Heirship
A Texas affidavit of heirship is a document or other instrument that declares or identifies the heirs of a deceased person. This document can then be used to transfer title from the decedent’s name into the names of the heirs without having to go through the Texas probate process. Texas heirship affidavits are much less expensive and quicker for title transfer to real property compared to a probate proceeding because they don’t require a court proceeding.
A Texas affidavit of heirship is to be used in the cases where someone dies intestate, or without a will. The Texas affidavit of heirship can be used in its place provided there is no complexity to the estate with property being transferred without encumbrance to the identified heir. The Texas affidavit of heirship is filed and recorded with the deed records in any county’s where the decedent owned real property or where the decedent last resided. Be sure to contact a Houston probate attorney who can assist you with this process.
To be effective, the Texas affidavit of heirship must be signed by a person with personal knowledge of the decedent’s family and marital history, a notary public, and two disinterested witnesses who know the deceased or the family but do not stand to gain financially. In the state of Texas, witnesses for an affidavit of heirship must specifically know the following:
- The decedent.
- The decedent’s date of death.
- Names of the family members and heirs.
- Whether there are outstanding debts at the time of death.
- They will not benefit financially from the estate themselves.