Legal Question in Wills and Trusts in Texas

affadavit of heirship

I am in Texas. I am the sole heir via will of a house and property. The man who owned the home died in November. He was married twice - his first wife died in 1991 and his second wife died in 2001. He had no children in either marriage. He and his first wife bought the house together in 1971.

I am trying to sell the house and have been told I need affadavit of heirship.

He and his first wife did not have a will. His first wife has a sister and nieces and nephews.

My question is - will his first wife's family have claim to a portion of the proceeds of the sale of the house?


Asked on 7/07/09, 11:15 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: affadavit of heirship

If you probated the will, you should have what you need. The affidavit of heirship is only proper when a person dies without a will and the property goes to the heirs at law.

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Answered on 7/07/09, 4:43 pm


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