What is an Affidavit of Heirship?

Suppose a member of your family passes away in or near the Houston area without leaving a will, a trust, or any officially designated heir or beneficiary. If that happens, to inherit what is legally and rightfully yours, you should have the assistance of a Houston heirship determination lawyer, and you should contact that lawyer immediately.

When a family member dies without a will, handling that person’s estate may add to the family’s grief, especially if the decedent left no instructions. Disputes over a decedent’s property and assets frequently emerge in these cases, which can sometimes be acrimonious.

Under Texas law, if someone dies without a will, the state distributes that person’s assets to family members beginning with the surviving spouse and children. However, if there is no surviving spouse or children, parents, siblings, and other relatives may inherit. Some relatives may have to prove they are related to the decedent to inherit any assets.

When Does Texas Require Determination of Heirship?

In these circumstances, to inherit what’s rightfully yours, you may have to file an action to Determine Heirship. A Houston probate attorney can help you prepare an Application or an affidavit of heirship and guide you through the heirship determination process.

Texas requires determination of heirship when someone dies without a will or trust, when a will does not name heirs, or when potential heirs dispute the will. Determination of heirship may also be used to clarify vague language in a will or when a will has not been correctly executed.

Who may file for determination of heirship? A decedent’s surviving spouse or children, the siblings, parents, or other family members, and creditors of the decedent’s estate may file for determination of heirship in Texas. If heirs cannot be found, the estate goes to the State of Texas.

What Advantages Does an Affidavit of Heirship Provide?

Probate is the judicial process usually required after someone’s death to distribute properties and assets from a decedent’s estate to the decedent’s heirs. Probate is often expensive and lengthy, tying up some estates for years and considerably reducing their value.

Heirship affidavits offer an expedient alternative to the probate process. They allow heirs to establish their rights without a formal probate proceeding. Affidavits of heirship may save time and money for everyone involved. However, there are drawbacks to the use of affidavits of heirship as the documents are not reviewed or approved by a judge and could contain faulty information.

An affidavit of heirship may help to protect your inheritance rights. Without a court order or legal document indicating your relationship to the decedent, proving your right to an inheritance may be challenging. An affidavit of heirship is evidence of that right.

How Do You Prepare an Affidavit of Heirship?

Have a Houston heirship determination lawyer help you. Your attorney will ensure that the affidavit is properly executed and that the decedent’s assets transfer easily and quickly. To prepare an affidavit of heirship, take these steps:

  1. Compile any documents affirming your relationship to the decedent: for example, wills, deeds, adoption or guardianship papers, marriage certificates, or birth certificates. Make copies of these documents and safely store the originals.
  2. Make a list of the properties and assets you believe are part of the decedent’s estate. The list may include real property – like land and buildings – as well as intangible items such as royalties and intellectual properties.
  3. Have your attorney write the affidavit. It must include your name, address, and date of birth; the decedent’s name, address, date of birth, and date of death; the decedent’s marital history; and the names and addresses of the decedent’s spouse, siblings, and children.
  4. Sign the affidavit in front of a notary public and have your heirship determination attorney file it with the probate court.

Can You Challenge Someone’s Affidavit of Heirship?

If you wish to contest someone’s affidavit of heirship, you may file a request for a determination of heirship hearing with the assistance of a Houston probate attorney. At a determination of heirship hearing, a judge determines who the legal heirs are to an estate.

To challenge an affidavit of heirship, you must file your request for the hearing with the probate court in the county where the decedent passed away. In some cases, the court orders genetic testing – that is, DNA testing – to establish heirship.

What Can DNA Testing Provide?

In heirship determination cases, the court may order DNA testing of its own volition or at the request of the party challenging the affidavit of heirship. DNA paternity testing, for example, can provide the proof necessary for a child to inherit from the child’s biological father.

DNA testing is a quick and straightforward process. DNA samples are usually collected using a cheek swab. The DNA samples are sent to an approved laboratory and analyzed by certified lab technicians. Results are available quickly, usually in just several days.

When a will is contested in a Texas probate court, DNA testing can ensure that the rightful heirs receive their rightful inheritances. DNA testing often provides a quick, effective, and definitive resolution to a determination of heirship dispute.

Bring Your Determination of Heirship Case to The Hatchett Law Firm

In a probate or determination of heirship dispute, you may need an experienced Texas probate attorney to protect your rights and interests. The Hatchett Law Firm works on behalf of clients throughout the greater Houston area and across the United States.

You can help your family avoid a probate dispute or a determination of heirship dispute by preparing a will, trust, or estate plan that leaves precise instructions for the distribution of your properties and assets after your death. The Hatchett Law Firm has over thirty years of experience helping our clients prepare wills and trusts, plan their estates, and navigate the probate process.

If you need help with proving heirship or if you need to challenge an affidavit of heirship contact The Hatchett Law Firm by calling 281-771-0560 to schedule a free screening of your matter.