Will an Affidavit of Heirship change the name on my parents house to my name?

Question: Years ago I helped my parents buy their house. The house was paid off and the deed was put in my parent’s name. My parents passed away about 5 years ago and I moved into the house. Because my parents did not have a Will, my brothers and sisters and I signed an Affidavit of Heirship instead of going through probate court. We thought this would put the house in my name, but it didn’t. All of my brothers and sisters agree that I should have the house. How can I change the name on the deed from my parents name to mine.

 Answer: Part of the process of going through probate court for your parents, since they died without a Will, would have included a “determination of heirship”. This is the Court officially declaring who are the rightfully inherits your parents property. During the process the court looks for “unknown” heirs.

An Affidavit of Heirship, even though it lists everyone you think is the rightful heir, is not an official determination of heirship. It is only evidence of the identity of the known heirs of the decedent. There could be unknown heirs.

Since your parents passed away they are unable to sign a deed transferring the property to you. Since there was no probate of your parents estate, there is no representative of the estate, (an “Administrator”) to sign a deed transferring the property to you. This creates a “gap” in the “chain of title” of the ownership records of the house.

An Affidavit of Heirship is not a deed to property and does not transfer ownership of property. The Affidavit of Heirship is filed in the same public real property records as the deed to the house and acts as a “gap-filler” in the chain of title.

All of your brothers and sisters can sign a deed transferring their interest in the house to you and this deed is also filed in the public real property records.

Be aware that “unknown” heirs could still surface and stake their claim the house. This is a good reason to consult an attorney before making a decision to not probate an estate. Probating an estate early may save some cost, expense and aggravation later.

Call me. If you need assistance in transferring real estate from one person to another, visit LouisVetranoLaw.com, call me at 210-862-5786, or email me at Lvetrano@flash.net.

Notice and Disclaimer
This information is intended as general information for educational purposes only and is based on Texas law. It is not intended to be legal advice for your particular circumstances. This lawyer does not represent you unless and until you sign a written engagement agreement expressly retaining me for your particular matter. The law changes and each person’s individual circumstances may change how the law is applied. Please consult an attorney before taking any action that has legal consequences.

Copyright © 2019 by Louis A. Vetrano, Jr. – Licensed in Texas.