Colleyville Texas Affidavit of Heirship is a very delicate matter. After your spouse or loved one passes away, you won’t be able to sell any real estate until their name is removed from the title. Often times, the probate process establishes a record where the title of their property is passed to someone else. However, under certain conditions, going through the full probate process may not be necessary at all. In the state of Texas, you can file an affidavit of heirship when a loved one who owned property passes away without a will. You can also file if there is a will but it does not go through probate.
If you are in a situation such as this, then The Fetty Firm P.C. can help you take the necessary steps when filing this document. Led by the experienced and knowledgable probate law attorney Rashelle Fetty, you will get the best legal services in the area. We will thoroughly explain how the process for an affidavit of heirship works, and if it would be appropriate for your situation. When you choose our firm, you are choosing the results of a big firm along with the personal and attentive services of a small firm. When dealing with these types of delicate matters, you should never compromise on quality. Instead, contact Rashelle Fetty today and receive services from the leading family law firm in North Texas.
What is an Affidavit of Heirship?
An affidavit of Heirship is a written or sworn statement that outlines the decedent’s family history and identifies the heirs. Note that this is not filed in probate court. Instead, this is filed in the county records of where the decedent lived or owned property when they passed away.
The affidavit must be signed by an individual who will not benefit financially from its filing and that knew the decedent’s family history. Additionally, a notary public is required. The Fetty Firm will review in detail who would and who wouldn’t be qualified to sign an affidavit of heirship.
An affidavit is filed in the county where the land is located. It must be filed along with the rest of the property records. Counties in North Texas have varying filing fees, but no need to worry. We will advise you on these fees as well. Some common questions regarding an affidavit of heirship include:
- Who can sign an affidavit of heirship?
- What are the advantages and disadvantages?
- How does it work in relation to creditors?
- Can it be contested in court?
Contact The Fetty Firm Today
We are fully capable of answering your questions and help you complete all of the documentation. Rashelle Fetty has the necessary experience in helping families through the affidavit of heirship process. Although this type of legal matter is not very complex, you should always make sure that everything is in proper order. Contact us today for a consultation.
If your loved one’s estate is currently going through probate, we can assist you during the process. The Fetty Firm will be able to guide you through the administration of an estate to ensure that everything is done the right way. In the case that there is a dispute over the estate, Rashelle Fetty and The Fetty Firm will advise you and, if needed, represent you in litigation.
What is Probate?
In case you were unaware, probate is the legal process through which a deceased person’s estate is distributed to heirs and beneficiaries. Additionally, any debt owed to creditors is paid off. Generally, probate property is distributed according to the decedent’s last will and testament, if there is one. If no will exists, then the property will be distributed according to state law.
The Probate Process
- Someone is appointed to administer the estate. If there is a will, the designated person is normally called an executor. In the absence of a will, the probate court will appoint someone of its choice
- The will is then proven to be valid in court. Texas law governs the probate process, so it is important to follow all the state’s requirements when it comes to signatures, witnesses, and notaries. This is important to make sure the will is valid.
- Then the deceased person’s property is identified. In most cases, the majority of assets cannot be sold or distributed until the process of probate is complete.
- Properties are then appraised
- Any debts or taxes owed will be paid
- The remaining assets are distributed according to the wishes on the decedent’s will. If no will exists, then the assets will be distributed according to state law.
How Long is the Process
On average, the probate process lasts anywhere from six to nine months after the case is opened. The length of the probate process will depend on the court. Additionally, the process could take years if there are disputes over the validity of the will or distribution of assets. Furthermore, there could be costs associated with the probate process, the payment of these fees is the responsibility of the executor. It is common for people to get living trusts, which can help avoid probate and reduce the time it takes to settle an estate.
Committed to Excellence
There are several things that we take pride in. One of those things is providing the best services possible. We are a part of a wonderful community, and as a result, we wish to serve the people well. When you choose to work with The Fetty Firm, you are making the best choice for you and your family. In addition to our experience, our commitment to excellence will ensure that you receive the best services possible. You can rest easy knowing that your case will be handled by the most experienced and knowledgable attorney around.
For More Information of Colleyville Texas Affidavit of Heirship
If you wish to learn more about the affidavit of heirship, contact The Fetty Firm today. You can get in touch with us by calling (214) 546-5746 or clicking here. Furthermore, if you want to learn more about the Colleyville Texas Affidavit of Heirship, click here.
Colleyville Texas Fun Facts
- The city was incorporated in 1956
- Home to 11 award-winning parks
- 22 miles from Dallas
- Learn more here