Understanding Affidavits of Heirship
Experienced Probate Lawyers
An affidavit of heirship is a legal instrument used to establish the heirs of a deceased individual for the purpose of transferring title to real property. Affidavits of heirship include information regarding the deceased individual's heirs, identify the real property interests to be transferred and are filed into the real property records of the county where the property is located or the county in which the deceased individual resided.
Benefits of using an affidavit of heirship include:
- Can assist in the transfer of real property when no probate was conducted at the time of death
- Can be used in both testate and intestate estates
- Can be filed into the public record for purposes of identifying heirs
- Can be used as evidence to "quiet title" if uncontested in county records for over five years
Affidavits of heirship can be used regardless of whether the deceased individual had a will in place at the time of his/her death. Affidavits of heirship are commonly required by title companies for the purposes of clearing title during the sale and transfer of real property. Title companies often require the affidavit of heirship to be signed by at least one disinterested witness who does not stand to inherit from the deceased individual but can attest to the identity of heirs.
Knowledgeable Affidavit of Heirship Lawyer in Katy
Not sure if an affidavit of heirship is needed for your loved one's estate? Contact the experienced Katy affidavit of heirship attorneys at The Springer Law Firm to make a consultation appointment to learn more. You can reach us online or by telephone at (281) 990-6025.