What is an Affidavit of Heirship Texas Title Probate Law
Have You Inherited A Property? Get Started Now!
An affidavit of heirship is a legal document that can be used when someone dies without a will and their estate consists primarily of real property titled in their name. The affidavit is used to identify the heirs to the property.
The affidavit is filed with deed records in the county where the decedent’s real property is located. It does not transfer title to real property. Instead, it is evidence concerning the property.
Legally, the affidavit of heirship creates a clean chain of title transfer to the deceased’s heirs.
An affidavit of heirship should be signed by two disinterested witnesses. To qualify as a disinterested witness, the person must be knowledgeable about the deceased and their family history but cannot benefit financially from the estate.
Who can witness an affidavit of heirship?
The witnesses should not be an heir, related to the deceased, or have any interest in the estate. In Texas, they must swear, under penalty of perjury, to these conditions:
- They knew the decedent
- The decedent did not owe any debts
- The true identity of the family members and their heirs
- The person died at a specific place on a specific date
- The witness will not gain financially from the estate
Ideally, a witness will have known the deceased for 20 to 30 years and know specific details about the spouse and children. Their signatures on the affidavit will carry substantially more weight than a recent or short-term casual acquaintance.
Let Cities Real Estate Help
At Cities Real Estate, we go above and beyond for buyers we represent.
If an affidavit of heirship is involved in the purchase of a property, our agency will pay the buyer’s fees to file an affidavit of heirship. We’ll also identify and locate potential witnesses to sign the affidavit if necessary.
For more information, contact Cities Real Estate Broker/Owner David Pannell at (817) 797-9047. David is a real estate professional you can trust. He’s been helping families with all types of property sales for over 20 years in DFW and has also served in the United States Marine Corps and as a City of Arlington police officer.
Nothing in this article should be considered legal advice. It is solely for informational purposes. Nor does it substitute for consultation with a competent probate attorney.
NTREIS data last updated December 1, 2023.
Voices of Trust: Inspiring Testimonials from Satisfied Probate Clients
Why Hire Cities Real Estate & David Pannell
We help Families going through Probate with all the tasks that the attorneys don’t do. We find that most people need help with cleaning out the houses, assisting the executors in finding the right estate sale companies in the area, and helping with donating personal property the family doesn’t want. We even educate you with small recommendations that will improve the property to get a better price; because so many investors are trying to buy estate properties for 40-50% of their value. Some of our best clients have come from the Probate Estates. with understanding the family’s goals then offering you some options to choose from.
We have expertise in Helping Personal Representatives get to their desired outcome faster, smoother, and with much less stress! We have built an entire team and service hub around the probate process, that will allow You to focus on YOUR busy life and not worry about all the details.
Let us help you gain complete control of the probate process. Working with the Probate Services team will reduce the stress of dealing with this major g this life transition
Rely On A Probate Estate Expert
Cities Real Estate agent David Pannell has been helping families with their real estate needs for over fifteen years. David is a former United States Marine and City of Arlington police officer. Contact David today at (817) 797-9047.