Legal Question in Wills and Trusts in Texas

heirship affidavit

Can the ''affiant'' be one of the heirs? Does the document have to be filed in court or does the signature before the notary make it legal?


Asked on 5/15/07, 9:54 pm

1 Answer from Attorneys

Kathryn Perales PMI Oil Tools

Re: heirship affidavit

There should be two affiants, and they should be uninterested parties, meaning they do not stand to gain anything from the estate. Neighbors and friends are good. If they are unavailable, relatives who are not heirs are OK. If only heirs are available, then that may be better than nothing.

The documents won't have any effect until they are recorded in the land records of the county where the decedent died, and in any county where he or she owned real property.

The longer they have been recorded, the more weight they will carry.

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Answered on 5/16/07, 10:15 am


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