Homes To Go Realty

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Thankfully, there are ways for heirs to access a loved one’s property without navigating the full probate process.

In Texas, one such option is the affidavit of heirship, which can help simplify matters during a difficult period.

Typically, you’d use an affidavit of heirship when the person who passed away doesn’t owe any debts, and there’s no need to go through a formal court process (known as “administration”) to manage their estate. While this affidavit works well for transferring real estate, keep in mind it doesn’t work for other things like personal belongings or bank accounts. You might need a small estate affidavit or formal probate administration for these.

Its purpose is to officially identify who the heirs are when someone dies without a will (intestate) or when their will can’t be processed through the court (probated). It’s not an actual court order. Instead, think of it as creating a clear link in the property records between the person who died and their rightful heirs, which allows the heirs to transfer or sell the property.