Legal Question in Wills and Trusts in Texas
Affidavits of Heirship
My father passed w/no will. Only a house. I want to do a affidavit of heirship. I live in IN dad lived/propery in TX. 1. Do the signers of affidavits have to live in TX? I do not know his friends. His family is in IN. Once affidavits are signed/notirized. 2. Do I have to file in courts in TX. I want to put hse in my name so I can sell. He has no other assets.
2 Answers from Attorneys
Re: Affidavits of Heirship
The signers of the affidavit must know the facts of your father's marriage, children, etc. Where they live is immaterial. The affidavit is filed in the real property records in the county where the property is located.
Re: Affidavits of Heirship
So long as the witnesses to the affidavit know the family history, it doesn't matter where they live. They will need to have the document notarized, however. Once that is done, the documents can be mailed to Texas, where they would be filed with the appropriate county clerk. Based on the facts you have presented, I don't see a need to go to court.
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