An Affidavit of Heirship is used to transfer real property to heirs instead of going through probate when a person dies without a will.
The Affidavit of Heirship is needed when all heirs agree to not probate the will. In most situations, the law states that the surviving spouse inherits all community property as long as the deceased person’s children are the children of the surviving spouse.
Instead of going through the probate process to receive title to the property transferred to the heirs, the heirs can file an Affidavit of Heirship in deed records of the county where the real estate was owned by the Decedent.
Once the Affidavit of Heirship is signed and filed in the deed records, it links the title of the real estate to the heirs. It is at this time, the heirs are allowed by law to transfer ownership of the property.