Kyle, TX asked in Real Estate Law for Texas

Q: I'm needing to transfer deed of parent by affidavit of heirship. Is there a timeframe of death for filing?

There's no will or durable power of attorney. Parent's was living with me at time of death; 17 mos. Do I file in Hays Cty or place of property Victoria Cty?

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2 Lawyer Answers

A: This question needs a little more information to give a full answer.

The question does not state who is asking. Is it the child of deceased, husband, boyfriend, or other. Status is very important when trying to answer a question on inheritance. There needs to be information on any siblings of the deceased, or other children, and more family details.

What I can tell you with certainty, is that whether you file an affidavit of heirship or a deed to the property, it must be filed with the Clerk in the same county where the property is located.

If you give me the family tree, and dates of death, marriage, divorce and the like, I can give a more complete answer.

Teri A. Walter
Teri A. Walter
Answered
  • Houston, TX
  • Licensed in Texas

A: An affidavit of heirship does not transfer property, but merely gives notice of who the heirs are, which depends on the factors mentioned by Mr. Cucci. It should be filed in the county where the property is located, and there is no deadline for doing so.

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