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Title companies will require clean title to insure property for sales, and most real estate and title companies in Texas will accept Affidavits of Heirship. The general rule in Texas is that the executor has four years from the date of death of the testator (person who drafted the will) to file for probate.Declaring Heirship in Texas. If an estate is small enough, under state law, then the people who inherit property won't have to go to probate court. Did the Decedent die testate (leaving a valid Will)? Transfer a deceased person's interest in real property to their heirs at law. Heirship simply means you are the legal heir of someone who has died without a will. Heirs are different from beneficiaries.