What Is An Affidavit Of Heirship In Texas?
What is an Affidavit of Heirship in Texas? If you are wondering what a Texas affidavit of heirship is, you are on the right page. You are going to read about what it means how you can use this document to sell an inherited house in the absence of a will. At the end of the article, we have given a few samples of affidavit that can be used to draft a form.
What is an affidavit of heirship in Texas?
In simple words, it’s an identification and declaration of the heirs of the person who passed away. If you own an affidavit form, claiming the ownership of the properties and assets left by the deceased will be easier for you. So, Texas Affidavit of heirship is a ticket that you can use to sell a house fast in Austin even if you don’t have a will.
When do you use it?
Let’s assume someone in your family, such as your father or mother, has passed away without leaving a will. Now, you know that the assets left by that family member belong to you. It seems quite simple and obvious, but here is the catch: do you have something to prove that the property belongs to you?
In this case, Texas Affidavit of heirship estates code helps you prove that you are the next owner of the property, and you won’t even go through probate provided you can share the ownership of the property with other heirs.
If you are in Texas or a city in Texas, below are a few things you need to know before you fill in the form:
- The name and the date of birth of the deceased person
- The names of all the heirs of the deceased person
- Deceased person’s outstanding debts (if any)
Contents of an affidavit of heirship form
Listed below is the information you need to include. Based on the state you live in, the information required to be included may slightly vary. For more information about the laws in your state, you can check out sites, such as LoneStarAndLaw and LegalMatch.
According to the SupremeCourtBC, the form has 7 parts:
- Proceeding style
- The statement by the deponent (the maker of the affidavit)
- Affidavit body
- Knowledge statement
- The Ending of the Affidavit
- Exhibits
- Backing Sheet
Let’s take a closer look at each section of the Affidavit.
Style of Proceedings
The contents of this section are part of the first page of the legal document. In this section, you need to mention the court registry and file number.
In the top right corner, you should mention the affidavit number, the name of the deponent and the date. Besides, you must swear under the oath that what you have written in the file is truth.
Deponent’s Statement
This section includes your name, address, profession, and oath.
Knowledge Statement
This section states your acknowledgement that you are aware of what you have written in the form. In addition, you should also clearly mention whether you are a defendant, petitioner, respondent, or plaintiff.
Body and ending of the affidavit
The body of the affidavit is of the utmost importance. So, make sure it’s precise and easy to understand. This way you will be able to impress the judge and the process will be completed without any complications.
For better organization of the body of the affidavit, be sure to follow a chronological order. This will help the judge understand the timeline of events, which will make it easier for them to issue a ruling. Instead of using personal pronouns, state the name of the person you are talking about.
Note: it’s better to consult your lawyer to avoid mistakes while filling in the form.
Exhibits
This section of the form will include your important documents and letters. You should use the alphabet instead of numbers for the exhibits. Also, it’s better to put this information in the middle of the page.
Besides, you may want to add an exhibit stamp that can be found at any law firm. Don’t forget to consult your lawyer before including the stamp.
Backing Sheet
The backing sheet should have the following information:
- The style of proceedings
- Your name, address, phone number, and fax number
- The description of the document
Note: the backing sheet is optional, but it’s better to prepare it.
Samples of the affidavit of heirship
By following the steps given above, you can fill in the form the right way, which will help you sell your inherited house even if don’t have a will. To help you out further, below is a sample of the affidavit of heirship form. You can also find it on FormsBirds.
“I, (INSERT NAME) of lawful age, residing at (INSERT RESIDENCY) , being first duly sworn, upon oath deposes and says: That affiant was personally well acquainted with the above named decedent, during his (or her) lifetime, having known him (or her) for years, and that affiant bears the following relationship to said decedent, to-wit..”
You can write this form in many ways. Given below is another sample as given on Vernon E. Faulconer, Inc.
(YOUR FULL NAME) , whose address is (INSERT RESIDENCY) hereinafter referred to as “Affiant,” being of lawful age and being duly sworn, upon oath deposes and says that (s)he was well acquainted with (THE NAME OF THE DECEASED), hereinafter referred to as “the Decedent,” and that the answers and statements given in the following questionnaire are based upon (YOUR FULL NAME) personal knowledge and are true and correct.
Based on your current residence, the affidavit form will have a waiting period. At times, it may take up to 12 months to process the documents. So, it’s important that you talk to your lawyer about the process. This will make it easier for you to go through the process without any hassle.
Do you have a house to sell?
At Reimagine Reality Solutions, we can give you a cash offer on your real estate within 24 hours if contacted. The good news is that we have sold many properties, and yours can also be sold as soon as possible. If you want to sell your Austin area house fast, you can contact us for a quote. We will ask your questions about the process of selling your house without probate whether you want to sell your property to us or to someone else. Call us now at 512.710.6201 or email info@ReimagineRealtySolutions.com.