Heirship is the legal right to receive money, assets, or goods from a person who has passed away intestate. The term “intestate” denotes a death that occurred without a specific designation of the decedent, also known as the person, their agent, or executor, or how those assets are to be distributed. State intestacy laws confirm who has priority to be named executor and determine who will get the decedent’s property in these situations.
Heirs are normally the deceased person’s children, descendants, or other close or typically distant relatives. Spouses don’t seem to be typically regarded as legal heirs since they are already entitled to receive property under marriage or material possession rules. Heirs are those who were chosen by the deceased as the intended beneficiaries of the decedent’s assets during a Will or Trust. They are legally eligible to receive the individual’s property and are so distinguished from beneficiaries.
However, formal probate may not be required in situations when the decedent’s only assets are their real estate and there are no other outstanding debts other than those secured by their assets. An Affidavit of Heirship is occasionally a quicker and less expensive alternative to probate. In some states, heirs can utilize a sworn declaration known as an “Affidavit of Heirship” to establish who owns a piece of property when the original owner passes away intestate. Affidavits of Heirship are frequently used when a person leaves the real property, private property, or a small amount of estate.
When a loved one dies with or without a will, an expert heirship attorney can guide bereaved family members in choosing the best course of action. The Law Office of Troy M. Moore, PLLC’s probate attorney in Texas can assist with the legalities and documentation to ensure that the procedure is finished smoothly. Their attorneys are prepared to represent your interests and fight for you to get what you are legally entitled to.
Purpose of Affidavit of Heirship
- When dealing with an interstate state, an affidavit of heirship is a desirable option because:
- The legal heirs of the decedent can declare themselves.
- Without going through the complete probate process, they want to gain control of the estate.
- The heirs have reached an understanding of how the estate would be divided among them.
- The rights of the heirs to the decedent’s estate can be confirmed by a third party.
Process of Transferring Real Estate to Legal Heirs
If possible, the transfer process is rather simple if no one objects to the Will. The transfer supported by the beneficiary stated in the Will be administered by the executor. If not, the property is dispersed following the applicable succession rules. Legal heir can even opt to divide the estate among themselves with mutual consent.
You need to apply to the sub-office registrar to transfer property. You’ll need the ownership documents, and a succession or probate Will. Legal heir will need to be forced to produce no-objection certificates considering the settlement if there is no Will and the legal owner passed away intestate. It should be mentioned in the paper if the beneficiaries pay other legal heirs to receive their portions.
Affidavits of Heirship are preferred by heirs over complete probate mostly because it is a more affordable option. A different Affidavit of Heirship is not suitable for every situation. An expert can help you determine whether a certain Affidavit of Heirship is appropriate for your particular situation.