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PROTECTING YOU, YOUR FAMILY, YOUR FUTURE | SCHEDULE AN APPOINTMENT | CALL US TODAY! (832) 408-0505

GP Schoemakers, PLLC

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  • Home
  • About Us
    • Gratia Schoemakers
      • Community Outreach Program
    • Testimonials
  • Virtual Services
  • Estate Planning
    • Estate Planning Basics
    • Last Will and Testament
    • Revocable Living Trusts
    • Durable Power of Attorney
    • Medical Power of Attorney
    • Living Will
    • Family Estate Planning
    • LGBTQ Estate Planning & Asset Protection
    • Kids Safety Plan™
    • Business Succession Planning
    • Guardianship
      • Guardianship Planning
    • Special Needs Planning
    • Legacy Preservation Planning
    • Asset Protection
    • Trusts
    • Pet Trusts
    • Gun Trusts
  • Probate
    • Texas Probate Guide
    • Probate of a Will
    • Texas Affidavit of Heirship
    • Texas Small Estate Affidavit
    • Texas Heirship Determination
    • Texas Muniment of Title
    • Trust Administration
  • Family Law
    • Divorce
    • Collaborative Divorce
    • Mediation
    • Custody / Visitation
  • Blog
  • FAQs
    • FAQs – Videos
    • FAQs – Estate Planning
    • FAQs – Beyond Money in Estate Planning
    • FAQs – Divorce and Estate Planning FAQs and Myths
    • FAQs – Estate Planning for Newlyweds Myths and FAQs
    • FAQs – Estate Planning for Young Adults
    • FAQs – The Estate Planning Cast of Characters
    • FAQs – Expecting an Inheritance
    • FAQs – Myths and FAQs – Planning for Conflict Prone Families
    • FAQs – New and Expanding Families
    • FAQs – Pet Trusts
    • FAQs – Probate
    • FAQs – Standalone Retirement Trust Myths and FAQs
    • FAQs – Trust Modifications
    • FAQs – Unwinding Obsolete Planning
    • FAQs – Why You Want to Avoid Probate
    • FAQs – Year-End Planning Myths and FAQs
  • Contact
    • Virtual Estate Planning Login
    • Client Portal

AFFIDAVIT OF HEIRSHIP

HIRE A KNOWLEDGEABLE PROBATE AND ESTATE PLANNING LAWYER IN CLEAR LAKE, TX

What is an Affidavit of Heirship?

An Affidavit of Heirship is a document that identifies the heirs of a deceased person.

When can you use an Affidavit of Heirship?

An Affidavit of Heirship should be used when all of the following conditions are met:

  • The deceased person died without a Will
  • There is only real estate that needs to be transferred to heirs
  • No administration of the Estate is required
  • The decedent does not have any debts

Why would someone NOT use an Affidavit of Heirship?

An Affidavit of Heirship is not the right method if there is a valid will; in that situation Muniment of Title would be the better way to go.  An Affidavit of Heirship can also not be used when the decedent left non-real estate assets (like bank accounts, investement account, etc.) which need to be transferred.  In this case Estate Administation would be required.  Also if the decent has any unpaid debts a death, an Affidavit of Heirship would not be the proper procedure to follow.

Do I need an attorney for an Affidavit of Heirship?

No, you don’t. However, an attorney can help you draft it to ensure it was done correctly.

Call or contact us today to help you with your Probate Needs! We can help no matter the size or complexity of the estate. We offer affordable flat fee options, hourly fees, or hybrid fee solutions where appropriate.

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