Intestate Heirs In Texas
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How to fill out Affidavit Of Heirship, Next Of Kin Or Descent - Decedent Died Intestate?
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FAQ
An affidavit of heirship must be signed and sworn to before a notary public by a person who knew the decedent and the decedent's family history. This person can be a friend of the decedent, an old friend of the family, or a neighbor, for example.
A properly prepared Texas Affidavit of Heirship must provide the following information: The deceased owner's full name, last address, date of birth and date and place of death. It should list all real estate owned by the deceased owner.
To start the judicial heirship proceeding, you will need to file a petition with the probate court in the county where the decedent died. You will need to provide evidence and documentation to support your claim of heirship. The court will then hold a hearing to determine who the legal heirs of the estate are.
If one parent and siblings (or siblings' descendants) are still living, ½ goes to surviving parent and ½ to siblings. If one parent and no siblings are still living, all goes to surviving parent. If siblings but no parents are still living, all goes to surviving siblings.
You simply file the affidavit with the county clerk of the counties where the decedent owned property or resided at the time of death. The affidavit must be notarized and signed by two disinterested people (i.e., persons that have no financial interest in the decedent's estate).