Affidavit of Heirship

Texas Affidavit of Heirship

Dallas Probate Lawyer

When someone dies without leaving a valid Will and their heirs want to transfer title to the decedent's real estate, this may be completed by preparing and recording an affidavit of heirship ("AoH") in each applicable county. Generally speaking, a Texas affidavit of heirship outlines the family history of the decedent including the identity of the decedent's heirs. The Texas affidavit of heirship must also set forth each heir's inheritance percentage.

The end result of an AoH is similar to probating a Will as a muniment of title when a Will exists. However, the Texas affidavit of heirship does not require a probate court or judge and thus, if available, can be completed relatively inexpensively.

It should be noted that a Texas AoH is not considered prima facie evidence of the facts therein until 5 years after the date it is recorded. Although a title company may honor an affidavit of heirship before the expiration of five years after the date of recording, there may be certain situations that require a more costly judicial determination of heirship.

Requirements

A Texas affidavit of heirship is only available if the decedent died without a Will (or the property in question was not otherwise addressed in a valid Will). An affidavit of heirship must be signed by two disinterested witnesses (i.e. two people that are familiar with the family history of the decedent and do not stand to gain financially from the estate).

An Affidavit of Heirship is Useful When:

  • No Will exists;
  • The decedent's estate consists only of real property and/or vehicles.

Flat Fee

Under most circumstances, we can charge a flat fee for a Texas affidavit of heirship. We recommend that you contact us to discuss your situation. We'll let you know if the affidavit of heirship is proper for your situation.

Contact Us

If you need assistance with Affidavit of Heirship, contact our Dallas probate lawyer today.