Where There's No Will, There's A Way
By Lorrie Semler, REALTOR® in the Dallas area. Call/text 972-416-3417, Real Service. Real Results. Real Estate
(Texas Pride Realty Group Brokered by HomeSmart Stars)
In Texas, if a homeowner dies intestate (without a will) or there is a will but it hasn't been probated, it can be tricky selling the house. To protect themselves, title companies will require an Affidavit of Heirship.The reason the Affidavit of Heirship is needed is to determine who the new rightful owner of the property is. Texas is a community property state, so what is community property and what is separate property (property acquired through gift, inheritance, settlement, etc.) must be established.An Affidavit of Heirship should be completed by the affiant, the person in the family of the deceased alleged to be the new owner. It includes the names of two witnesses who have known the deceased for at least 10 years and who do not inherit any property, real or personal. Each witness ...