Sometimes, a decedent leaves behind property, and it is unclear who the property belongs to after the decedent is gone. Under the right circumstances, interested parties in Texas can file an affidavit to determine heirship, which allows the probate court to sort out who should get the property in question or who makes up the deceased’s heirs. Today, we walk you through the basics of this affidavit, so you can figure out if it might be right for you.
What is an Affidavit to Determine Heirship?
In Texas, individuals can file an affidavit to determine heirship if they want a court to determine who qualifies as a decedent’s heir and who gets property that was left behind by the descendent. These affidavits can be helpful either when a decedent’s estate has not yet been administered or when a decedent’s property was left out of his or her estate plan.
What Happens When a Court Receives an Affidavit to Determine Heirship?
Once an individual files an affidavit to determine heirship, the court holds a proceeding to reach a conclusion on who should receive the decedent’s property. The court will consider several factors, including: whether the decedent was married, whether the decedent had children, and if the property has been inhabited by other individuals in the recent past. After weighing the relevant factors, the court will issue a decision as to who qualifies as the heirs to the property.