Legal Question in Wills and Trusts in Texas
Affidavit of Heirship
Can an Affidavit of Heirship be filed through an atty and be directly recorded at the county clerks office w/o the heirship proceedings or any formal administration?
We (the 3 heirs) want to have the affidavit filed and transfer title to deceased property, sell it and then negotiate w/ outstanding creditors and debtors without going through court/hearing costs etc...
Can this be done? of course with the help of an atty?
2 Answers from Attorneys
Re: Affidavit of Heirship
There may be a way to do this, however, it tends to be fact specific. Was this property the homestead of the deceased? Are there any other assets such as a bank account that could be used to pay the estate liabilities?
Re: Affidavit of Heirship
The Heirship Affidavit needs to list the unpaid debts of the estate. No title company will give clear title unless those debts are satisfied, so selling and then negotiating won't work.
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