Affidavits of Heirship Attorney in Dallas, Texas

When someone dies without a will, their estate will typically go through probate. However, in the absence of the will, it can take months – if not years – for the probate process to complete and the heirs to get their inheritance. But what if I tell you that there is an alternative to estate administration if the decedent didn’t write a valid a will and the only assets they left behind are real estate and motor vehicles? This alternative is called an Affidavit of Heirship and can be used to streamline the distribution of assets.  

As an Affidavits of Heirship attorney in Dallas, Texas, I understand that dealing with the probate process is the last thing you need when trying to grieve and mourn your loss. With over 30 years of experience at Law Office of Sharion L. Fisher, I can guide you through securing ownership of real property after a loved one’s death.  

What Is an Heirship?

Heirship refers to the legal recognition of individuals entitled to inherit from a deceased person's estate. In Texas, if someone dies without a valid will (intestate), their estate is distributed according to state laws. These laws determine who the rightful heirs are, typically prioritizing spouses, children, and close relatives. 

Establishing heirship is essential for distributing the deceased's assets. Without proper recognition, heirs might face legal hurdles in claiming their inheritance. Courts rely on documented evidence, one of which is an Affidavit of Heirship, to confirm the identities and rights of heirs. 

Overview of an Affidavit of Heirship

An Affidavit of Heirship is a legal document that identifies the heirs of a deceased person and outlines their relationship to the deceased. It serves as proof of heirship, enabling the transfer of assets without the need for a formal probate process. 

The Affidavit of Heirship is commonly used when the deceased did not leave a will or when the will does not cover all assets. It's also helpful in cases where heirs prefer to avoid the lengthy and costly probate process. 

Once filed and recorded with the county clerk's office, the Affidavit of Heirship serves as a public record confirming the heirs and their entitlement to the deceased's estate. This simplifies asset transfer, especially for real estate. 

Purposes of an Affidavit of Heirship

One primary purpose of the Affidavit of Heirship is to facilitate the transfer of real property. By recording the affidavit with the county clerk, heirs can bypass the probate process, saving time and legal expenses. This is particularly beneficial for families looking to sell or refinance inherited property. 

The affidavit helps establish a clear title to the property, which is essential for future transactions. Title companies and financial institutions rely on this document to confirm ownership and prevent legal issues. A clear title ensures that heirs can confidently manage and dispose of their inherited assets. 

How to Create an Affidavit of Heirship in Texas?

A person familiar with the deceased’s family history can create an Affidavit of Heirship by signing a document before a notary public. To be valid, an Affidavit of Heirship must include the following: 

• The deceased’s full legal name;  

• The date of their death;  

• A description of the deceased’s property that must be transferred to heirs;  

• A statement that the creator of the document – known as the affiant – is at least 18 years of age and knows their family history; 

• A list of the heirs that includes their full legal names, dates of birth, and their relationship to the deceased person;  

• A statement that the deceased didn’t leave behind a valid will; 

• The affiant’s signature 

The filled-out Affidavit of Heirship must be signed before a notary public and filed in the county where the deceased’s property is located. If the deceased has property in several counties, the affiant must file the Affidavit in each county. Filing an Affidavit of Heirship can be a nuanced process full of complex legalities. That’s why you could use the help of a Dallas estate planning attorney when navigating this process.