Houston Estate Planning and Elder Law Attorney Blog
An affidavit of heirship is a relatively simple estate planning tool that can have a major impact on certain beneficiaries. On today’s blog, we review the basics around affidavits of heirship, so that you can familiarize yourself with when and how they can be used for your advantage. If you or your loved ones have specific questions about these affidavits, contact a Houston estate planning attorney you can trust.
What is an Affidavit of Heirship?
An affidavit of heirship is a legal document that plainly states the names of a decedent’s heirs. Any individual declaring that they are an heir must swear that they bear a relation to the decedent. At least two people who are not involved in the decedent’s estate (but who did know the decedent) must sign the affidavit, which helps boost its reliability. The affidavit requires certain facts regarding the decedent’s information, each heir’s information, and the property to be distributed. When filling out an affidavit of heirship, it is important to make sure these details are accurate in order to ensure a smooth transfer of property from one party to the next.
Why Use an Affidavit of Heirship?
Affidavits of heirship come most in handy when A) a person dies without a will and B) that person’s estate is relatively small. The affidavit of heirship is most commonly used to transfer real estate, as opposed to cash or accounts. The decedent’s heirs can file the affidavit with the court, and once the court approves the affidavit, the heirs can bypass probate entirely. This saves beneficiaries time and money, and it helps ensure efficiency as assets transfer from the decedent’s estate to the beneficiaries.
What is the Process for Filing an Affidavit of Heirship?
Once the heirs sign the affidavit, indicating under oath that they are indeed the decedent’s heirs, the two additional witnesses can also sign the document. Then, the decedents should go to the clerk’s office of the courthouse to file the affidavit; importantly, the courthouse should be the court where the decedent’s property is located.
Do You or Your Loved Ones Need a Consultation with a Houston Estate Planning Attorney?
Any process surrounding estate planning or probate can come with unfamiliar territory. Even the simplest of affidavits might benefit from legal advice, and at McCulloch & Miller, we are experts on all things estate planning in Texas. Our team of Houston estate planning attorneys takes pride in its thorough, personalized approach to each and every client that retains our services. No matter what part of the estate planning process you find yourself navigating, know that you can count on our firm for sound and trusted legal advice.
For a consultation with a Houston estate planning attorney from our team, give us a call today at (713) 333-8900. You can also fill out our online form to tell us about your circumstances and have an attorney reach back out to you as soon as possible. We cover probate, estate planning, elder law, trust administration, special needs planning, and more.