Affidavit of Heirship Attorney in Plano, TX

Estate Planning Attorney John F. Williams, Jr. Can Prepare Your Affidavit of Heirship to Property

If you have come to my law office for help with an Affidavit of Heirship, I want you to know that I understand your frustration and also that you have come to the right Estate Planning Attorney. If you have lost a loved one who failed to get their affairs in order and left property without legal documentation to distribute it, your only option is to have a knowledgeable Estate Planning Attorney create an Affidavit of Heirship.

The Affidavit Process

In Texas, if a person dies intestate (dies without a Will), and the deed to the property does not include joint tenancy with survivorship language, legal issues can emerge. Which persons have rightful ownership to the property and in what percentages if any at all? Because of this, the property cannot be sold, transferred, or gifted until the Affidavit is prepared and filed of record in the county where the property is located. These affidavits are not part of any Probate Court proceeding, do not need a judge approval, and are not as reliable as other forms of estate administration. To prove the validity of the Affidavit, it must be prepared based on the testimony of two disinterested witnesses and the heirs listed in the Affidavit pursuant to Texas probate law. These individuals are entitled to inherit the property in question.

Because the Affidavit is not approved by a Court or overseen in any fashion, most title companies are hesitant to accept them until they have been on file for four years. Thus, it may be difficult to sell or transfer property during this period of time.

Our law firm will meet with you to help determine if an Affidavit of Heirship is appropriate based on the information you provide. Please bring a copy of the most recent deed, a copy of the last property tax bill, and a list of potential heirs to the estate.

If you have any other questions regarding the Affidavit of Heirship, or any other Estate Planning questions, please contact the Law Offices of John F. Williams, Jr. today. Contact Us today for your Free Consultation and I look forward to serving your needs.