Legal Question in Real Estate Law in Texas
Affadavit of Heirship
Can we use an affadavit of heirship
to close my aunt's checking account, less than $1200? She has a will but we are not getting it probated because the only heirs are my brother and me. I am buying out my brother's half her home and will use a title company to do this.
Asked on 1/07/08, 9:44 pm
2 Answers from Attorneys
Cheryl Rivera Smith
The Smith Law Firm
Re: Affadavit of Heirship
Yes. It is up to the bank as to whether they will accept the Affidavit of Heirship. I have even seen them furnish the form.
Answered on 1/08/08, 12:28 pm
Re: Affadavit of Heirship
If there is a will, and there is real property, but no debts, then there is an inexpensive probate procedure called a muniment of title. This will clear the bank account and the real property all at once. It's better to do this the correct way, rather than trying to cut corners.
Answered on 1/07/08, 10:53 pm
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