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.
Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so. At that point, the deed most commonly used to transfer the property is a General Warranty Deed.
The state of Texas has only 24 probate courts in 12 of its largest counties, with five located in Harris County.
Harris County Clerk Real Property Department Harris County Civil Courthouse. 201 Caroline, Suite 320. (713) 274-8680.
Texas probate law sets a strict statute of limitations of only four years for any heir or beneficiary to make a legal claim for inheritance. The four-year clock starts ticking as soon as the adoption is complete for adopted children. For other heirs or beneficiaries, it begins on the date of the parent's death.
As a general rule, a suit in Justice Court must be brought in the county and in the Justice of the Peace precinct in which the defendant resides; in the county and Justice of the Peace precinct where the incident that gave rise to the claim occurred; the county and Justice of the Peace precinct where the contract, if ...
Under Texas law, the affidavit must be filled out by two disinterested parties—individuals who have no financial interest in the estate and are not heirs. These individuals must know the decedent's family structure and history well enough to verify the heir's relationship to the decedent.