Q: What happens if a person contests an affidavit. Of heirship filed on a house in texas?

A: An Affidavit of Heirship does not transfer title, even though title companies sometimes treat it as though it does. It is only evidence (not proof) of the statements in it if it has been of record with no one complaining for five years. The Affidavit of Heirship and a contest of its statements can be presented to the probate court in an Application for Determination of Heirship and Issuance of Letters of Administration.

A: If a person contests an affidavit of heirship filed on a house in Texas, the following steps and potential outcomes may occur:

Initiation of a Legal Dispute: Contesting an affidavit of heirship typically leads to a legal dispute. The person contesting (the "contestant") must file a lawsuit in a Texas probate court to challenge the validity of the affidavit.

Burden of Proof: The contestant has the burden of proving that the affidavit of heirship is incorrect or fraudulent. This may involve providing evidence that the person who signed the affidavit provided false information, omitted relevant heirs, or that the deceased person had a valid will that was not properly considered.

Court Proceedings: The court will hold hearings to review the evidence presented by both the contestant and the parties who filed the affidavit. The court may consider testimony, documents, and other evidence related to the deceased person's family, assets, and intentions.

Potential Outcomes:

Affidavit Upheld: If the court finds that the affidavit is valid and correct, it may uphold the affidavit of heirship. In this case, the property would be distributed according to the terms of the affidavit.

Affidavit Invalidated: If the court determines that the affidavit is invalid or fraudulent, it may invalidate the affidavit. The court may then order that the property be distributed according to the intestacy laws of Texas (if there is no will) or according to a valid will, if one exists.

Impact on Property Title: If the affidavit of heirship is invalidated, the title to the property could be clouded, meaning there could be legal disputes over ownership. The court's ruling will determine the rightful heirs and clear the title accordingly.

Possible Appeals: The parties involved may have the right to appeal the court's decision if they believe there were legal errors in the ruling.

Alternative Resolution: In some cases, parties may resolve the dispute through mediation or settlement outside of court, where they agree on a different distribution of the property.

Contesting an affidavit of heirship can be a complex and time-consuming process, often requiring legal representation to navigate the intricacies of probate law.