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Intestate Laws in Texas and Arkansas In general, assets will pass to the closest living relatives, regardless of the personal relationship you may have had with that person in life. The laws allow for a range of possibilities and become quite complicated if there are no close relatives.
In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerk's office, or you may need to have an attorney or legal services firm create one for you.
Heirs. You have probably heard this word in everyday life and have a general understanding of what it means. An heir is a person who is entitled to inherit from a deceased estate because they are related. Heirs are a person's blood relatives, their surviving spouse (if applicable), and any adopted children.
This affidavit must be signed and notarized. Affidavits of heirship are often recorded with a deed. Some counties have more than one recording office, so you need to be sure this deed is being recorded in the correct recording office. Must list the name and address of the person who prepared this affidavit.
If there isn't a will, the court will appoint someone, usually an adult child or surviving spouse, to be the executor or personal representative. The executor or personal representative takes care of the estate of the decedent.