If you are an heir of a person who has recently passed away in Texas, you should speak to an experience Texas Probate attorney as soon as you possibly can. Unlike most other states, Texas has a special streamlined Probate procedure that you might be able to take advantage of to receive your inheritance more quickly and easily.
The procedure is called an Affidavit of Heirship. In this procedure two disinterested witnesses swear under penalty of perjury that you are the heir of the deceased. After a short proceeding, the heir can then start to sell the assets of the estate. It is important to note that this does not prove forevermore than the person is the appropriate heir. A full Probate proceeding is necessary to do that.
An Affidavit of Heirship is not appropriate in all circumstances. Generally, if the estate has multiple debts, the normal Probate process is the better option as that ensures that creditors are appropriately handled. However, the streamlined process is available and something that you should consider when a relative dies in Texas. Ask an Texas attorney whether or not an Affidavit of Heirship is appropriate for you.
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