Round Rock, TX asked in Probate for Texas

Q: is dads original death certificate and myoriginal birth certificate enough to declare heir ship ?

Dad passed away without a will ... is certified copy required or will original do ?

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1 Lawyer Answer
Tammy L. Wincott
Tammy L. Wincott
Answered
  • Probate Lawyer
  • San Antonio, TX
  • Licensed in Texas

A: No. There are a couple of ways of doing heirship in Texas and it depends on what you are trying to accomplish, whether there are other heirs, etc. If you are only trying to transfer title to a house, then one option would be to file "Affidavits of Heirship" in the County Deed Records where the real property is located. If you are trying to obtain funds in a bank account, insurance, etc. a formal proceeding will be necessary. Sometimes a Small Estate Affidavit "SEA" is used; however, it all depends on the facts of your particular case.

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