Legal Question in Wills and Trusts in Texas

Affidavit of Heirship

I was told that since my Father did not leave a will that we needed a heirship form. Who needs to fill out this form?


Asked on 11/27/03, 10:12 am

1 Answer from Attorneys

Re: Affidavit of Heirship

What sort of filing you need depends on several factors. An heirship affidavit would be appropriate if there is no contest as to the heirs, there are no estate debts and there is no personal property (only real property). As for who should complete the form, it's someone who has no interest in the estate, but is familiar with the history of the deceased. Typically, this is a neighbor or close friend of the deceased.

I strongly recommend against your trying to do this without a lawyer. Typically, the stakes are rather high when dealing with real estate, so it's a good idea to ensure that everything is done correctly. Additionally, there's often more to settling an estate aside from just the clearing of title to property.

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Answered on 11/27/03, 10:37 am


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