If your loved one has died without a will and their estate consists entirely of real estate, you can use an Affidavit of Heirship to transfer the real estate from the estate to your possession without going through the probate process.

An Affidavit of Heirship is helpful because it allows a qualified heir to take charge of the property much faster than they could have had they moved forward with a full probate administration. It is an appropriate solution to use when no other parties are contesting your right to take possession of the property. 

Who can file an Affidavit of Heirship?

You can file an Affidavit of Heirship if you are an heir who would stand to benefit under Texas’ laws of intestacy. These Affidavits are most often filed by the spouses or the adult children of the deceased.

They are usually only appropriate when the decedent only owned real property and no one is contesting any aspect of the Decedent’s estate. 

What do you need to file an Affidavit of Heirship?

First, you will need the help of a qualified attorney. An attorney can verify that an Affidavit of Heirship is the right move in your situation. 

In addition, you will need two disinterested witnesses, that is, two witnesses who don’t stand to gain anything from the Decedent’s estate. They must also be familiar with the Decedent’s family and marital history. 

Are there any drawbacks to filing an Affidavit of Heirship?

The Affidavit of Heirship isn’t the right tool for every situation. It creates a presumption of title and heirship that allows you to obtain a clean title later and allows you to take control of the property now but can leave the door open for another individual to challenge your right to take possession of the property at a later date. 

Gathering additional evidence that you are the rightful heir of the property is often a good idea to guard against any potential challenges. 

What happens after you file the Affidavit of Heirship?

Once your attorney records the affidavit of heirship in real property records, the affidavit will be on file in County Property records. 

The Affidavit of Heirship will generally allow the heirs to take possession of the property. 

Get Help Today 

You should not attempt to file an Affidavit of Heirship without an attorney’s help. Why not turn to expert probate attorneys like us? The Probate Law Group offers convenient flat fees and in-depth understanding of the probate process that can make your life easier as you navigate the challenges of closing out your loved one’s estate.

Ready to get started? Contact us today.