Houston Estate Planning and Elder Law Attorney Blog
An affidavit of heirship is a legal document that formally lists the heirs to a decedent’s property. When does the affidavit of heirship come in handy? And what is the process for filing this kind of affidavit? On today’s blog, we talk through some benefits of the affidavit and provide the basic information you would need in order to move forward with the filing process.
Why Use an Affidavit of Heirship?
Importantly, a decedent’s loved ones can only use an affidavit of heirship if the decedent passed away without a will. The affidavit comes in handy because it allows an individual’s beneficiaries to bypass probate, which saves significant time and money. Instead of having to probate a decedent’s property, the heirs can instead submit this affidavit, which a) declares the decedent’s heirs to the court and b) evidences the transfer of ownership from the decedent to these heirs. An affidavit of heirship cannot be used to transfer money in the form of a bank account; it only comes into play when there is real property that needs to be transferred.
How to Use the Affidavit of Heirship
If your loved one died without a will and had real property to pass on, you might want to consider filing the affidavit of heirship. To use this affidavit to bypass probate, you should list the decedent’s heirs and assets on the document provided by the probate court. Then, all the heirs need to sign the affidavit in front of a notary public. The heirs should then submit the affidavit to both the court in the county where the decedent died and to the county where the decedent owned property. If and when the court approves the affidavit, the process is complete.
Do You Need Legal Advice from a Houston Estate Planning Attorney?
If you are considering the use of an affidavit of heirship in Texas, we strongly recommend that you seek sound legal advice in order to set yourself up for success. If something goes wrong in the process, it could end up costing you more time and money down the line; seeking advice on the front end can help you get through these inevitable procedural hurdles as efficiently as possible.
At McCulloch & Miller, we offer expert and experience-based estate planning services for our clients, no matter how big or small their estates. At the end of the day, our clients trust us to have their best interests in mind, and we are proud to offer high-quality services to our beloved Houston community. If you need legal advice and don’t know where to turn, know that we are here, and that we are ready to serve you and your loved ones.
To set up a consultation with one of our Houston estate planning attorneys, give us a call today at 713-597-7176. You can also fill out our online form, and an attorney will reach out to talk with you about the details of your case. Our team covers estate planning, probate, trust administration, elder law, special needs planning, and more.