Legal Question in Wills and Trusts in Texas

Re: Affadavit of Heirship

An Affidavit of heirship is done for someone who died without a will. It requires that an attorney be appointed for the unknown heirs as well as the attorney for the applicant and is generally much more hassle and much more expense than a will probate. It is done as a last resort when there is no will after the person dies.

Since you are still living, the much better alternative would be to make a will. The will in Texas can be self-proved with two witnesses (who don't need to know you well) and a notary. In that case, the witnesses do not even need to be located or testify at all after your death. The will is superior to an affidavit of heirship, and can save your children time and money in many ways. Plus, with a will, you get to decide how your property is to be divided. An Affidavit of heirship means that you are dependent on whatever laws are in effect at the time of your death for who gets your property, and those laws may be significantly changed from what the laws are now.

It is important to have an attorney do your will, not only to be sure it complies with current Texas law, but also because of the very strict requirements for how the will is to be signed.