Sign Delaware Banking Affidavit Of Heirship Easy

Texas form 53 111 b

hi I'm gene fair with the law office of fair and fair PLLC in the great state of Texas and today I'm going to be answering one of the most common questions I receive which is are there any alternatives to formal administration of a decedent's estate and the simple answer is yes there are one of the most common alternatives is the affidavit of heirship as its name implies an affidavit of heirship is exactly that it's an affidavit that names the heirs of a decedent's estate and describes the property that will be distributed to those heirs it's most often used to pass title in property where a transfer of title is required like with real estate or vehicles usually to cure problems in the chain of title like when a decedent died without a will or a will was never probated and now the heirs have decided that they want to sell the property in question to a third party for an affidavit of heirship to be valid it must be signed and notarized by someone personally familiar with the decedent's family and marital history this is almost always at least one of the heirs now although the statute on affidavits of heirship doesn't expressly require that it also be signed by two disinterested witnesses that is someone who can attest to the facts contained in the affidavit but who won't be receiving any benefit from it most title companies won't accept an affidavit of heirship unless it contains at least two notarized signatures from disinterested witnesses once the affidavit is signed by all the necessary parties it must be filed in the county where the property is located or where the decedent was domiciled at the time of death the affidavit of heirship is generally useful for smaller estates that don't meet the requirements for a small estate affidavit another alternative to the formal administration but when a formal administration still isn't practical as useful as an affidavit of heirship can be in the right circumstances there are some things to keep in mind first an affidavit of heirship is not conclusive evidence of heirship until it has been on file with the county clerk for at least five years this doesn't mean that you can't use it to transfer title to property before then it just means that it's not statutorily conclusive until five years from the date of filing also an affidavit of heirship will not affect the rights of any heirs or creditors who may have been omitted from the affidavit lastly an affidavit of heirship transfers various shares of the decedent's estate to all of the decedent's heirs at law so if the ultimate goal is to consolidate ownership of a certain piece of property with one heir then all of the heirs will need to sign a separate deed transferring their shares of that property to that single air and that deed will then in turn need to be filed in the property records with the County Clerk if you have any questions about an affidavit of heirship or think it may be right for you please feel free to contact us any time our information is in the description if you liked the video be sure to give it a thumbs up and thank you for watching