An affidavit of heirship is a sworn statement that describes a deceased person's family history so that the heirs to their property can be identified. In Texas, it's sometimes used to help pass a house to heirs without a full probate case.
What it includes
The affidavit typically covers the deceased person's marriages, children and other family details. It is usually signed by people who knew the family well but don't inherit anything, often two disinterested witnesses, and then recorded in the county's property records.
When it may be used
It's generally considered when:
- There's no will
- The estate has few or no debts
- The family relationships are fairly clear
It's not right for every estate, and an attorney can tell you whether it fits yours.
The title company question
The biggest practical issue is whether a title company will accept it. Some title companies will insure a sale based on a recorded affidavit of heirship, sometimes with additional requirements or after it has been on record for a period of time. Others may want a court determination instead. Checking with a title company before you list can save weeks.
Selling the home
If an affidavit is accepted, the heirs named in it typically all sign as sellers. Getting everyone aligned on price and timing early makes the process much smoother.
Selling a home after an affidavit of heirship
Southern Luxe Group helps heirs line up the title company, the paperwork and the sale in Austin, Round Rock, Georgetown, Cedar Park and Bryan–College Station. Get a no-pressure plan for the property or call Trina at (512) 629-9050.
This article is general information, not legal advice. Please consult a Texas probate attorney about your situation.
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