Using an Affidavit of Heirship for your Benefit

If you are the heir to a loved one who died without a will, you and your family are likely worried about the probate process and all it entails. Fortunately, in Texas, the Affidavit of Heirship is available to help families in the process of transferring real property in the name of the deceased to their heirs. Although this affidavit of heirship is limited to real property owned by the deceased, it does not just mean land or a house. This also includes other property like the transfer of title for vehicles. If you are unsure if this affidavit would cover something left by the deceased, it is always a good idea to consult a lawyer for clarification rather than guessing or missing out on the opportunity to avoid formal probate.

The Affidavit of Heirship does not instantly transfer the title to the heir. Instead, the affidavit is a sworn written statement that provides evidence of heirship as to why you are entitled to the property. The evidence can be proof of family history or anything that shows how someone is entitled to the property due to heirship. This affidavit, in turn, becomes evidence of the heirship once it has been and filed with the deed records for five years in the county where the property is located. The process of filing the affidavit for five years helps create and protect a proper chain of title for the real property. Without a transparent chain of title, it can become difficult to transfer property and to find a title company willing to issue a policy.

For a title company to accept the affidavit of heirship, you will have to check on their approval and have the affidavit witnessed and signed by two disinterested witnesses. Generally, a title company will accept the affidavit as long as all the requirements have been fulfilled and there is no problem with the title. The disinterested witnesses must be people who knew the deceased and their family history. The witnesses also cannot have any interest in the estate or benefit in any way by transferring the property to the heirs. Additionally, the witnesses will need to acknowledge and swear who the heirs are, that they knew the date and place the deceased passed, and whether the defendant owed any debts or not.

When you complete the affidavit of heirship and file it with the county, you are on your way to being able to transfer the real property of the deceased while easing the process of probate. The advantage of using the affidavit of heirship is avoiding the formal probate process and creating a clear chain of title without a will. Whether your personal circumstances may sound ideal or not for the affidavit of heirship, it is essential to consult a lawyer for confirmation. The lawyer will also be able to identify and direct you to a title company that will acknowledge and accept your affidavit. The important thing is to consider what is best for you and your family when a loved one passes. When you are ready to get help for your probate-related problems, contact Evan Lange Law, P.L.L.C. at (713) 909-4558.