When can an affidavit of heirship be used in Texas?

An affidavit of heirship can be used when someone dies without a will, and the estate consists mostly of real property titled in the deceased’s name. It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate).

How does an affidavit of heirship work in Texas?

When recorded in the real property records, an Affidavit of Heirship has the effect of transferring the decedent’s real estate to his/her heirs. The Texas Affidavit of Heirship is the least expensive procedure available to the decedent’s heirs because there is no court involvement.

Can a person challenge an affidavit of heirship?

Since the heirs are presumed in an Affidavit of Heirship, it can be easily challenged in court by an omitted heir or a creditor of the decedent. This is probably why many banks and title companies do not recognize it as a valid transfer of title.

Who is required to sign an affidavit in Texas?

The affidavit must be signed under oath by a person familiar with facts relating to family circumstances and history, which is usually but not always a family member.

Can a notary sign an affidavit of heirship?

The Affidavit of Heirship form you file must contain: The Affidavit of Heirship can only be effective if it has been taken before a notary public and signed by 2 people that are not beneficiaries of the decedent’s estate. Each of the 2 witnesses can be a person who knew the decedent or a family member with no interest in the property.

Is there an affidavit of heirship form in Texas?

A Texas Affidavit of Heirship is a straightforward form that can be filled out quickly to transfer ownership of property to the heirs of a deceased person. Fill out and print a free Affidavit of Heirship form for Texas in just minutes online.

Since the heirs are presumed in an Affidavit of Heirship, it can be easily challenged in court by an omitted heir or a creditor of the decedent. This is probably why many banks and title companies do not recognize it as a valid transfer of title.

Can a person pass away without a Texas affidavit?

A decedent passes away without a will in Texas. The decedent has only one heir and owns a small parcel of real property. If the heir decides to sell the property, the heir obtains a Texas Affidavit of Heirship to record the deed to the estate.

The affidavit must be signed under oath by a person familiar with facts relating to family circumstances and history, which is usually but not always a family member.