Avoiding Probate Court (Series I) - Affidavits of Heirship: Considerations and Concerns
An affidavit of heirship is typically used as an alternative to estate administration when a decedent dies without a will and when the estate consists primarily of real property. It is most commonly used when a decedent’s heir wants to sell, refinance a mortgage on, or claim title to the decedent’s real property and it is necessary to provide documentary evidence of the heir’s title. The affidavit does not convey title; it is simply evidence that title was transferred to the heir by operation of law. In order to convey title to property, a probate of the estate or a determination of heirship proceeding must be initiated.
An affidavit of heirship must be signed and sworn to before a notary public by two disinterested witnesses who knew the decedent. The disinterested witnesses must be someone who knew the decedent and was familiar with the decedent’s family history. The disinterested witness can be a friend of the decedent, a friend of the family, or a neighbor, but it cannot be an individual who will directly benefit from the estate financially.
Once prepared and signed by all required parties, the affidavit of heirship must be filed with the real property records in the county where decedent was domiciled or had a fixed place of residence at the time of death or in the county where the land is located. The affidavit can be recorded any time after the decedent’s death. The filing fees vary from county to county.
An affidavit of heirship has many advantages. No court proceeding is required to complete an affidavit of heirship. They are quicker and less expensive than a proceeding to determine heirship or to probate a will because no court proceeding is required. There is also no statutory deadline in which to file an affidavit of heirship. As mentioned above, the affidavit can be recorded any time after the decedent’s death.
Although advantageous under certain circumstances, affidavits of heirship also have many disadvantages. An affidavit of heirship is not conclusive evidence unless it has been in the deed records for five years or more and acceptance of an affidavit of heirship is discretionary. An affidavit of heirship is rarely accepted by anyone other than a title company. Most financial institutions or policy holders do not accept an affidavit of heirship and require a proceeding to determine heirship or probate. An affidavit of heirship also has no effect on omitted heirs and creditors. An omitted heir can still assert a claim to estate property that has been transferred based on an affidavit of heirship and a creditor can still assert a claim for recovery of property delivered or purchased from an heir as provided by law.
If you need assistance preparing an affidavit of heirship or would like to discuss the intricacies related to such document or whether an affidavit of heirship can be achieved given your circumstance, the attorneys at Waldron & Schneider are here to assist.
The legal information in this blog entry is not intended to be a substitute for seeking personalized legal advice from an attorney licensed to practice in your jurisdiction. Further, nothing contained in this article is intended to create an attorney-client relationship with any reader. This article and website are made available by Waldron & Schneider for educational purposes only and to give basic information and a general understanding of the law, not to provide specific legal advice. By using this website you understand that there is no attorney client relationship between you and Waldron & Schneider. The article and website should not be used as a substitute for competent legal advice from a licensed professional attorney in your state. For more information or questions you can contact us and one of our attorneys will be in touch soon.
Waldron & Schneider wishes everyone a safe and Happy 4th of July. ... See MoreSee Less
![Waldron & Schneider wishes everyone a safe and Happy 4th of July.](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/449779797_1058437179153887_6965080481591941281_n.jpg?_nc_cat=100&ccb=1-7&_nc_sid=833d8c&_nc_ohc=FT-XxaDo8sIQ7kNvgGHsJfz&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYCmnp-n8Lga5fn4edHSpii7Cx_JvAD0gw4Wixol6jaNnQ&oe=66AA3716)
- likes 2
- Shares: 1
- Comments: 0
0 CommentsComment on Facebook
Associate Attorney Collin Bullard writes about the disadvantages of a general partnership in his blog.
... See MoreSee Less
![Link thumbnail](https://external-otp1-1.xx.fbcdn.net/emg1/v/t13/11955181440584686855?url=https%3A%2F%2Fwww.ws-law.com%2Fwp-content%2Fuploads%2F2024%2F06%2FAdobeStock_302471776_Preview.jpeg&fb_obo=1&utld=ws-law.com&stp=c0.5000x0.5000f_dst-emg0_p640x640_q75&ccb=13-1&oh=06_Q399391-cTvmkGV3YsJ6UmOPOWBvLgiskTWanY7yOnaGcJw&oe=66A64B91&_nc_sid=ef6713)
Disadvantages of a General Partnership
www.ws-law.com
Disadvantages of a General Partnership The Texas Business Organizations Code defines a partnership as “an association of two or more persons to carry on a business for profit.” Whether those indiv...1 CommentComment on Facebook
HIRE A LEGITIMATE CRYPTO RECOVERY COMPANY -->REVENANT CYBER HACKER Revenant Cyber Hacker has done an incredible testimony that keeps on trending in the heart of everyone who has been able to benefit from its service of funds recovery or mobile remote spy authorization, just like having the key to someone's heart, getting back lost property or finance is a very joyful wonderous moment well deserve to be celebrated, we lose $861,899.11USD, we lent higher part of that money with the hope of paying it in a short while simply because we were told that our investment is insured and profit is guaranteed. Email: revenantcyberhacker (AT) Gmail (dot) com website: revenantcyberhacker (dot) net TELEGRAM: @ revenantcyberhacker WhatsApp: +1 (913) 820-0739 (OR ) +1(208) 425-8584
Waldron and Schneider wishes Partner Richard Simmons a happy early 50th birthday!!! ... See MoreSee Less
![Waldron and Schneider wishes Partner Richard Simmons a happy early 50th birthday!!!](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/448735792_1051622459835359_8865937661603582549_n.jpg?stp=cp1_dst-jpg_p720x720&_nc_cat=103&ccb=1-7&_nc_sid=833d8c&_nc_ohc=vetKzIUViy0Q7kNvgFT-nE4&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYCazK2EaIl4gxCFgicDgIOdbevadCF6Hp_xgAg6R44Mgw&oe=66AA317A)
![Image attachment](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/448921646_1051622479835357_2276486571945747051_n.jpg?stp=cp1_dst-jpg_p720x720&_nc_cat=111&ccb=1-7&_nc_sid=833d8c&_nc_ohc=D1Y7Q840mD4Q7kNvgENlDWg&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYAivkeykI3oSq1o7ctZ0P3VG0HmkotFx51uEpkDG7ZDuA&oe=66AA4EC9)
16 CommentsComment on Facebook
Congrats, Richard. Make sure to have some fun tomorrow.
HAPPY EARLY BIRTHDAY DAD
Happy Birthday!!🎉🎂
Associate Attorney Collin Bullard writes about the importance of buy sell agreements in his blog.
... See MoreSee Less
![Link thumbnail](https://external-otp1-1.xx.fbcdn.net/emg1/v/t13/4468903088293889110?url=https%3A%2F%2Fwww.ws-law.com%2Fwp-content%2Fuploads%2F2024%2F06%2Fsignature-3113182_1280.jpg&fb_obo=1&utld=ws-law.com&stp=c0.5000x0.5000f_dst-emg0_p720x720_q75&ccb=13-1&oh=06_Q399mX3vWBzICY2zIVtnVOtLsr_FxHjAVhelHiy6PnfzWvk&oe=66A64678&_nc_sid=ef6713)
The Importance of a Buy/Sell Agreement
www.ws-law.com
The Importance of a Buy/Sell Agreement Many small business owners understand the importance of creating an LLC or similar entity to protect the individual owners from potential liabilities of the c…1 CommentComment on Facebook
HIRE A LEGITIMATE CRYPTO RECOVERY COMPANY -->REVENANT CYBER HACKER Revenant Cyber Hacker has done an incredible testimony that keeps on trending in the heart of everyone who has been able to benefit from its service of funds recovery or mobile remote spy authorization, just like having the key to someone's heart, getting back lost property or finance is a very joyful wonderous moment well deserve to be celebrated, we lose $861,899.11USD, we lent higher part of that money with the hope of paying it in a short while simply because we were told that our investment is insured and profit is guaranteed. Email: revenantcyberhacker (AT) Gmail (dot) com website: revenantcyberhacker (dot) net TELEGRAM: @ revenantcyberhacker WhatsApp: +1 (913) 820-0739 (OR ) +1(208) 425-8584
Congratulations to Emily Simmons (daughter of partner Richard Simmons) who competed in the National American Miss Pageant this weekend! She was the Heart of service Winner!!! 4th runner up overall!! 3rd in Casual wear!!! ... See MoreSee Less
![Congratulations to Emily Simmons (daughter of partner Richard Simmons) who competed in the National American Miss Pageant this weekend! She was the Heart of service Winner!!! 4th runner up overall!! 3rd in Casual wear!!!](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/448679002_1046475667016705_7052981222199307912_n.jpg?stp=cp1_dst-jpg_p720x720&_nc_cat=101&ccb=1-7&_nc_sid=833d8c&_nc_ohc=FPx_YKBNoCMQ7kNvgFtfPlx&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYAb_4dNBwHmWRIuXoVoQnaRDy4U3QV0PMABbyDteGochg&oe=66AA4E1A)
![Image attachment](https://scontent-otp1-1.xx.fbcdn.net/v/t39.30808-6/448559295_1046475677016704_2385135836861991446_n.jpg?stp=cp1_dst-jpg_p720x720&_nc_cat=103&ccb=1-7&_nc_sid=833d8c&_nc_ohc=bMTHbMjtu-YQ7kNvgFmnvIB&_nc_ht=scontent-otp1-1.xx&edm=ALdPpPkEAAAA&oh=00_AYAEPp5byn7oyTxlZD2lbEyOqjwBBznnwpqC5-pEMeQkQw&oe=66AA386E)
0 CommentsComment on Facebook