Texas Affidavit of Heirship

Texas Affidavit of HeirshipThe Texas Affidavit of Heirship form is for a person, in most all accounts related to the deceased, to complete stating the heirs of the deceased person. The Texas Heirship Affidavit is used by the courts to establish ownership of all personal and real property not identified by a will. Texas Heirship Affidavits are recorded in official land records.

The heirship process must be started within a few years after the person died. There must be no will and there must be no need for administration of the deceased's estate. The heirship proceedings must be started in the county where the deceased lived, or in a county where the property of the deceased is located. If the decedent did not own any real property, then the proceedings may be started in the county where the decedent had personal property.

The person executing the affidavit should not be an heir of the deceased, or other person interested in the estate. State of Texas Heirship Affidavits must be signed by a notary public.

A Texas affidavit of heirship is used to state the heirs of a deceased person. It is commonly used to verify ownership of personal and real property. It may be recorded in official Texas land records when needed to establish ownership.

The following is an example of the use of a Texas heirship affidavit: Someone dies without a will, leaves an heir, and no estate is opened. When the heir sells the land, the heir obtains an Texas heirship affidavit to record with the deed to the estate. The person executing the affidavit of heirship in Texas should not be an heir of the deceased or other person interested in the estate. The Texas affidavit of heirship must be signed by a notary public.


Download a free Texas Affidavit of Heirship form online.



10 comments:

Anonymous said...

what if the person who dies and has an unborn child, but he never married, is that unborn child entitled to the estate or social security benefits?

Anonymous said...

Why does there have to be an affidavit - doesn't a copy of each child's birth certificate suffice?

Anonymous said...

What if the heirs are maliciously included or disincluded. For example, what if a former wife/husband (Duly divorced)of the deceased is included in the Heirship affidavit as "Widow"?

Anonymous said...

Can you mail the affidavit of heirship to have it recorded or does it need to be done in person?

Anonymous said...

what if there is a will that was not legal and two children were left behind?

Anonymous said...

My maternal grandmother passed away about 10 years ago. Before her death she paid property taxes on land that her father left in the family. After my grandmother's death, my mother picked up paying the property taxes on this property. My grandmother's sister would like to sign over her rights to the land, in which would remove her 12 children as heirs. Is this the correct form to use for this type of issue?

Anonymous said...

I am the legal gaurdian of a minor child whos father had remarried then passed away. What kind of legal forms do I file to protect the minors rights since his father left no will? This is his only child. The step mom is not willing to supply any information about property. I have contacted legal help but cant get into his office for over a month and I am worried there is a timeframe to follow. If I could start the process just to protect him I would greatly appreciate any help. Thanks.

Anonymous said...

Why does the state of Texas make it so difficult for widows to carry on? It's so expensive to hire a lawyer. They often want more than a whole month's social security check.

The state needs to provide simple forms and a self-serve system that will expedite uncontested situations.

Anonymous said...

when an affidavit of heirship is recorded in decedents county, how do you go about recording it in another county where decedent has property. What is needed to record in second county.

Anonymous said...

Affidavit for Texas Unclaimed money