Probate - Affidavit of Heirship

An Affidavit of Heirship is the measure of last resort for transferring property to the heirs of a deceased individual and has limited usage in the state of Texas. The purpose of the Affidavit is to identify heirs to put the world on notice that someone died intestate and that based on the testimony of two disinterested witnesses the heirs listed in the Affidavit pursuant to Texas probate law are the individuals entitled to inherit the property in question. These affidavits are not part of a court proceeding, are not approved by a judge and are not as reliable as other forms of estate administration. Typically, they must be filed of record in the county in which the property is located. Because they are not approved by a court or overseen in any fashion, typically title companies are reluctant to rely upon them until they have been on file for four (4) years. Thus, it may be difficult to sell or transfer property during this period of time. Our firm can help determine if an Affidavit of Heirship is appropriate for your particular circumstances.