Often, the probate process establishes a record in which the title of their property is passed to someone else. However, depending on certain conditions, going through a full probate process may not be necessary.
In Texas, you can file an affidavit of heirship when a loved one who owned real property passes away without leaving a will or if there is a will, but it does not go through probate.
The Fetty Firm, P.C., led by North Texas probate law attorney Rashelle Fetty, can help explain how the Affidavit of Heirship works, its advantages and disadvantages, and if it would be appropriate in your case.
It is an affidavit (written, sworn statement) that outlines the decedent’s family history and identifies the heirs. This is not filed in probate court. This is instead filed in the county records of where the decedent either lived or owned property when they passed away.
The affidavit must be signed by an individual who (a) will not benefit financially from its filing and (b) knew the decedent and the decedent’s family history. A notary public is required. Our law firm will go review in detail who would and who would not be qualified to sign an affidavit of heirship.
The affidavit is filed in the county where the land is located. It must be filed with the rest of the real property records. Counties in North Texas have varying filing fees—we will advise of you these fees.
Questions we’ll be able to answer for you
We can answer your questions and help you complete the necessary documentation. Probate law attorney Rashelle Fetty has extensive experience in helping North Texas familiies through the affidavit of heirship process.
Affidavits of heirship is not necessarily a complicated process, however, you want to make sure everything is in proper order so that you can continue the business of handling your loved ones’ affairs. Contact the Fetty Firm today for a consultation.
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