Texas Affidavit of Heirship

Dying without a will in Texas often leaves problems for heirs when real property is involved. These problems often come to light when the heirs attempt to sell the property in a transaction where the buyer is requiring title insurance. One of the most efficient methods of remedying these issues involves the use of an affidavit of heirship.

The affidavit of heirship describes the family history and details who the likely heirs are according to the Probate Code. In addition, the affidavit must be signed under oath by a disinterested person knowledgeable about the family history and attested to by several witnesses. Finally, the affidavit is filed in the real property records of the county where the property is located. After the affidavit is filed, a deed can now be prepared to transfer the property to a new buyer or consolidate the property to one heir. A summary of the process is as follows:

• Talk to a lawyer about the family history
• Have a lawyer prepare the affidavit
• Have witnesses sign affidavit
• Record the affidavit in the county records
• Have a lawyer prepare a new deed

The affidavit of heirship process is typically the most practical method to resolve issues when the property owner dies intestate (without a will) in Texas. Properties involving complicated family histories where heirs are disputing ownership can usually not be solved via this process. For more straight forward situations, a lawyer should be used to draft the affidavit of heirship. Feel free to use the form on the right to request a consultation with an attorney or call our office.