The state of Texas has only 24 probate courts in 12 of its largest counties, with five located in Harris County.
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.
Although there is no statutory expiration date for letters of testamentary or for letters of administration, most financial institution require they be issued no more than sixty (60) days prior to presentation.
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.
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.