frequently asked questions

CAN I USE AN AFFIDAVITS OF HEIRSHIP TO SELL REAL ESTATE OF WHICH I AM AN HEIR WHEN THE DECEDENT DIDN’T HAVE A WILL?

Can I use an Affidavits of Heirship to sell real estate of which I am an heir when the Decedent didn’t have a Will?

Possibly. Affidavits of Heirship (“Affidavits”) are not like a deed that conveys title but rather is evidence of who the heirs are to complete a chain of title so the heirs can sell the property. The Affidavits are evidence for a court proceeding on an heirship once the Affidavits have been recorded in the County Records for five years. However, many title companies will accept Affidavits that have been recorded less than five years.

The Affiant, person making the Affidavit, cannot be an interested person (someone who is an heir or has an interest in the estate) and must swear to the following facts (there must be two Affiants):

• That Affiant knew the Decedent and dates which they knew Decedent
• The date and location of the Decedent’s death
• Address where Decedent resided
• Decedent’s marital and family history and identification of heirs
• That Decedent died without a Will
• That Decedent has no debts and owes no taxes or a list of unpaid debts and taxes
• That there is no administration of the estate
• A description of the property

Affidavits of Heirship are not appropriate in every scenario but do serve a purpose in certain circumstances. If you have issues with selling real estate and would like to explore whether an Affidavit of Heirship could benefit you, please contact the Law Office of Roy Neal Linnartz, PLLC at (830) 625-9300.