Expert Texas estate planning and probate attorney Isaac Shutt explains what Affidavits of Heirship are, how they work, and when they might be a good option for you. If you're dealing with real estate after the passing of a loved one, you might have already heard of the Texas "Affidavit of Heirship."

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Isaac explains that Affidavits of Heirship come into play when a person has died, leaving behind a piece of real estate in Texas that needs to be transferred to the heirs. They are non-judicial evidence of who the heirs are, meaning they don't require a court process like a determination of heirship. However, Isaac cautions that preparing these documents yourself may not be the best idea, as mistakes in family or marital history can cause issues down the line.

Isaac says, "As an expert in estate planning and probate law, I believe that understanding Affidavits of Heirship is important for anyone dealing with real estate transfers after a loved one's passing. Knowing when this option might be right for you can help you make informed decisions about your loved one's estate."

Isaac Shutt is an estate planning attorney licensed in Texas and Wyoming, and the founder of Shutt Law Firm PLLC and https://www.mytxep.com. His law firm specializes in estate planning, probate, and business law. Isaac provides comprehensive and personalized legal services to his clients to help them achieve their long-term goals.

Three Key Takeaways

Affidavits of Heirship are non-judicial evidence of who the heirs are for a piece of real estate that needs to be transferred after a person's death.

Two disinterested witnesses must sign the affidavits of heirship in Texas.

Affidavits of Heirship take five years to fully become non-judicial evidence of heirship, which may not be practical if you need to sell the property quickly.

Step-by-Step Process

1) Determine if an Affidavit of Heirship is appropriate for your situation. Meet with a Texas probate attorney to make sure.

2) Gather information about the deceased's family and marital history, as well as any descendants.

3) Find two disinterested witnesses who can sign the affidavit of heirship.

4) Prepare the affidavit with the help of a probate attorney or title company.

5) File the affidavit in the real estate record and wait five years for it to become non-judicial evidence of heirship.

Isaac advises that preparing an Affidavit of Heirship yourself can be risky, as many DIY forms available online contain errors that could cause issues with transferring the property. Instead, he suggests working with a probate attorney or title company to ensure the document is prepared correctly.

Resources
Texas Estates Code Section 203.002


Isaac says, "As an expert in estate planning and probate law, my best advice is to seek professional help when dealing with real estate matters after a loved one's passing. While it may be tempting to try and save money by doing things yourself, mistakes can be costly and complicated."

FAQ
Q: What's the difference between an Affidavit of Heirship and a determination of heirship?
A: An Affidavit of Heirship is non-judicial evidence of heirship