Legal Question in Wills and Trusts in Texas

Re: Will-not probated + Heirship affidavit

If your affidavit of heirship is done correctly all you have to do is file it in the real property records of the county of the property

Re: Will-not probated + Heirship affidavit

If the heirship affidavit has been on file in the real property records for five years, there's no challenge to your title.

The will can be probated as muniment of title. Small Estate is in the Probate Code but almost never used since it's as complicated as filing for muniment.

Re: Will-not probated + Heirship affidavit

Since more than four years have lapsed since the date of death, you will have to demonstrate good cause to the court if you want to do a muniment of title. You mentioned that you already have an heirship affidavit and that you are the only heir.

If this is the case, then filing the heirhship affidavit with the county clerk's office should suffice to demonstrate your ownership interest in the land to the title company's (and bank's) satisfaction.