If my mother passed without leaving a Will, what procedures must I take in filing an affidavit of heirship?

UPDATED: Aug 3, 2011

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If my mother passed without leaving a Will, what procedures must I take in filing an affidavit of heirship?

My mother’s estate is very small -only a 20 year old vehicle and the money is her checking account (around $1k). Filing an affidavit of heirship on my own would save me lawyers fees, so I want to know how. Do I have to have my older brother present (he has autism and understands that I am handling mom’s estate)? I would need to sell her car, so do I need to file a separate affidavit of heirship of a motor vehicle as well, to get the title transferred into my name? Does the “uninterested party” fill out the form in front of the notary and sign their name or do I sign it?

Asked on August 3, 2011 Texas


James B Thomas / Law Office of J. Brian Thomas

Answered 11 years ago | Contributor

For an Affidavit of Heirship to work, each person entitled to any portion of the decedent's estate (all of the heirs) must be identified and should sign the affidavit.  The disinterested parties should sign as well, and they only need to sign the completed form in front of the notary, not complete the form themselves.  Only one Affidavit of Heirship should be used, since you'll be recording that Affidavit with the appropriate county.  A photocopy (or certified copy) of the recorded affidavit can be shown to third parties.

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