You can use the small estate affidavit to transfer real property to a surviving spouse and surviving minor children. If you only need to transfer real property to a surviving spouse, you can use an affidavit of heirship. An affidavit of heirship cannot be used to transfer other assets like cars or bank accounts.
Another straightforward method that may be used to withdraw from a contract is through mutual agreement with the other party. If both parties consent to terminate the contract, you can negotiate an exit without penalties: Negotiation: Communicate openly with the other party about your desire to terminate the contract.
The affidavit of heirship is used when the decedent had no unpaid debts and there was no other requirement that probate be filed. It is often used when there is a third party who requires the affidavit before transacting business with the heir as owner of the property.
The state of Texas has only 24 probate courts in 12 of its largest counties, with five located in Harris County.
Harris County Clerk Harris County Civil Courthouse. 201 Caroline, Suite 310. Houston, TX 77002. (713) 274-8600.
Good to know: An Affidavit of Heirship establishes a clean chain of title. It ensures that the title records of the Heir Property title changes legally to the heirs of the deceased.
If you do not have an Affidavit of Heirs and you are trying to sell or transfer property that is owned by a deceased person, the process can be significantly delayed. In some cases, the property may even need to go through probate in order to be transferred.
For information regarding Notices of Default, Surrenders, or Warrants related to court costs, fines, and fees you may call us at 832-927-5921 or e-mail us.
The District Clerk performs the duties assigned by the Texas Constitution as registrar, recorder, and custodian of all court pleadings, instruments, and papers that are part of any legal cause of action in the Harris County District Courts and the County Criminal Courts at Law.