An affidavit of heirship is a legal document that is used to establish the heirs of a deceased person who died without a will in the state of Texas. Under Texas law, an affidavit of heirship can be used to establish ownership of real property, to transfer ownership of personal property, and to settle the estate of the deceased person.
To be valid, an affidavit of heirship must be signed by two disinterested witnesses who personally knew the deceased person and the heirs. Disinterested witnesses are individuals who are not related to the deceased person or the heirs and who do not stand to benefit from the estate of the deceased person. The affidavit of heirship must also be signed by all of the heirs who are competent to sign and who are age 18 or older. If any of the heirs are minors or are otherwise incompetent, a legal guardian must sign on their behalf.
To be effective, an affidavit of heirship must contain certain information, including:
- The name, age, and address of the deceased person
- The names, ages, and addresses of the heirs
- The relationship of the heirs to the deceased person
- A statement that the deceased person died without a will
- A description of the property that is subject to the affidavit of heirship
Once the affidavit of heirship is completed and signed, it must be filed with the county clerk in the county where the deceased person lived or where the property is located. The county clerk will review the affidavit of heirship to ensure that it is complete and accurate. If the affidavit of heirship is accepted, the county clerk will issue a certificate of heirship, which is a legal document that establishes the heirs of the deceased person.
An affidavit of heirship can be a useful tool for settling the estate of a deceased person who died without a will in Texas. However, it is important to understand that an affidavit of heirship is not the same as a will and does not have the same legal effect. If you are considering using an affidavit of heirship to settle the estate of a deceased person, it is important to seek legal counsel to understand your rights and options. A skilled and experienced probate lawyer can assist you in preparing an affidavit of heirship and in navigating the probate process in Texas.