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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.
Texas Heir Property is generally inherited by the Heirs at Law. Usually Heir Property is property that a parent or a grandparent inherited. In such cases, one or more Affidavits of Heirship may be necessary. Most title companies require an Affidavit of Heirship for each deceased property owner.
While some states permit the use of an affidavit of heirship to transfer title, in others it is simply one document that is part of an estate administration case. In that situation, the affidavit is simply used to prove the family relationship to establish who has the right to inherit.
There is no need for all heirs to agree to sell a property if it is still in probate. The heirs need to petition the court for approval to sell the property. If they file a suit for partition, the court can order a property sale.
When there is more than one heir with the same relationship to the deceased, such as the case when there are two siblings, those individuals typically divide up the estate equally. The portion of a deceased person's estate that's bequeathed to an heir is known as an inheritance.