What is an Affidavit of Heirship
When a person dies, all property owned by the dead person passes by law to the heirs of the dead person. A will may change this inheritance if the will is properly written and admitted to probate by a judge.
An Affidavit of Heirship in Texas is a sworn document filed with the county which identifies the names of the heirs of a deceased person who owned property.
For example, if you own property and you die, this document is used to identify the names of your heirs so that your heirs can transfer your property. Even if you had a will, it will name your heirs.
If you do not have a will, it can be filed in the record to show the names of the heirs of the dead owner.
Even if the dead person had a last will and testament, you can use the affidavit if the will leaves the property to all of the heirs of the person and all persons named in the will agree to use the document.
This document completes the chain of title from the dead person to the heirs, who are the new owners of the property.
When properly prepared and filed, the heirs can transfer title to the property with this document.
Even if the dead person had a will, you can use an heirship affidavit if the will lives the property only to the direct descendants of the dead person. If the will leaves property to someone who is not a direct descendant or to a church or other entity, you may not be able to use an affidavit. In such cases, the executor of the will may be required to file the will for probate.
Since a will can only be probated within 4 years from the date of death of the dead person in most cases, an Affidavit of Heirship may be your only option.
When do you need an heirship affidavit document
You need a heirship affidavit if property is in the name of a person who is dead.
It is used so that the heirs of the dead owner can transfer the property or if the heirs simply want to put the title to the property in the names of the heirs.
In some cases, several affidavits may be necessary if several of the owners named in the property records are dead.
What is the purpose
The purpose of an heirship affidavit is to provide the property records the names and addresses for the heirs who are the current owners of property. This allows the heirs to transfer the property. It allows the heirs to pay the taxes on the property and to ensure the property.
If may also be used to transfer title to a car or other motor vehicle owned by the dead person.
Where must an affidavit of heirship be filed
It must be filed with the County Clerk in the county where the real property is located. It will need to be filed in several county's if the dead person owned property in more than one county.
When must it be filed
It should be filed as soon as possible after the owner dies. If you wait too long, it may be difficult to obtain information needed to complete the document and to find witnesses to sign it.
It must be filed before the heirs transfer property owned by the dead person.
How to file it
The Steinbach Law Firm can prepare an Affidavit of Heirship.
Our fee is $525 each, which does not include the county recording fee, which is usually $48 per county.
We will provide you with instructions and where and how to file the completed document.