Affidavits of Heirship

In some Texas cases, the assets owned by the Decedent at the time of death may not necessitate going through the probate process.   There may be alternatives that will avoid the time and expense of the probate process and will yet transfer the assets of the Estate.   Generally, these alternatives are most effectively used when the estate consists primarily of real estate.  Similarly, these alternatives are generally available only when the Decedent did not have any debts outstanding at the time of death, except debts secured by real estate.

An Affidavit of Heirship is typically used when someone died without a Will and left only real estate.  Instead of going through the probate process to have title to the property transferred to the Decedent's heirs, the heirs can, instead, file the Affidavit of Heirship in the deed records of the county in which any piece of real estate owned by the Decedent lies.

According to the provisions of the Probate Code, the Affidavit must be signed by two disinterested witnesses.  For example, two people who knew the Decedent and his or her family history, but does not stand to gain anything financially.  In the Affidavit, those witnesses must swear under Oath to each of the following issues:

• they knew the Decedent
• the Decedent died on a certain date in a certain county
• the identity of the Decedent's family members and heirs
• a statement that the Decedent did not owe any debts at the time of his death
• a statement that the witnesses do not stand to gain financially from the Estate

Once the Affidavit has been signed and recorded in the deed records of the County, it has the effect of linking the chain of title in the Decedent's real estate to his heirs.

Questions about Affadavits of Heirship? Call our office at 361-288-1880 or reach us online to set up an appointment.