Affidavit of Heirship changes records

This answer first appeared in the San Antonio Express News on March 30, 2018.

Since your husband died without a Will, the filed Affidavit of Heirship would have invoked the provisions of the Texas Estates Code about passage of title. If the house was community property, and if you are the mother of all your husband’s children, then you received title under the intestacy laws which makes using an Affidavit of Heirship appropriate under your circumstances. When you hired an attorney to prepare the Affidavit of Heirship and filed it with the County Clerk’s office, you did change the real property records. If the Affidavit of Heirship was properly prepared, signed, and recorded it acts as evidence of the legal transfer of title to you without the need to go to probate court.

Paul Premack is a Certified Elder Law Attorney with offices in San Antonio and Seattle, handling Wills and Trusts, Probate, and Business Entity issues. View past legal columns or submit free questions on legal issues via or

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Paul Premack has been a Board Member and has served as President of the Texas Chapter of the National Academy of Elder Law Attorneys (NAELA) and is a Member of the Washington Chapter of NAELA. He is *Certified as an Elder Law Attorney (CELA) by the National Elder Law Foundation as accredited by the Texas Board of Legal Specialization and the ABA. He is licensed to practice law in the States of Texas and Washington and handles Estate Planning and Probate in Texas and Washington, including and Bexar County and King County Probate, Wills, Living Trusts, Durable and Medical Powers of Attorney, and Elder Law. Premack writes the legal column for the San Antonio Express News which is syndicated in other Hearst Newspapers around the USA.

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