Our Heirship Process
Understanding each step helps you feel confident and prepared. Most simple heirship cases are handled in our office without court proceedings, while complex situations are referred to specialized attorneys.
Our Simple Heirship Process
Most simple heirship cases are handled in our office without court proceedings. Complex situations requiring litigation are referred to specialized attorneys.
Initial Consultation
We meet with your family to understand your situation, review any existing documents, and determine if your case can be handled in-office or requires court proceedings.
Document Gathering
We help you collect all necessary documents including death certificates, property records, and family documentation needed for your heirship affidavit.
Affidavit Preparation
For simple cases, we prepare your heirship affidavit in our office. Complex situations requiring litigation are referred to specialized attorneys.
Filing & Processing
We handle the filing of your heirship affidavit with the appropriate county office. Most simple cases are completed in-office without court proceedings.
Final Documentation
Once approved, we help you obtain the final recorded affidavit and assist with updating property records to reflect the established heirship.
Not Every Case Requires Court
Most simple heirship affidavits can be completed through our in-office process without court proceedings. However, more complex situations involving disputes, litigation, or complicated family structures may require court involvement. In those cases, we refer you to specialized attorneys who handle probate litigation. During your initial consultation, we'll assess your situation and let you know which path is right for your family.
Ready to Begin Your Heirship Process?
Schedule your free consultation today and we'll determine the best path forward for your family's situation.
Typical Timeline for Simple Cases
Most simple heirship affidavits are completed in 7-15 weeks through our in-office process
Initial Phase
- Schedule free consultation
- Case assessment and evaluation
- Determine if case can be handled in-office
- Document checklist provided
- Begin gathering required documents
Documentation Phase
- Collect death certificates
- Gather property records
- Compile family documentation
- Obtain witness affidavits
- Verify all information
Preparation Phase
- Draft heirship affidavit
- Prepare supporting documents
- Coordinate notarization
- Review with family
- Finalize all paperwork
Filing Phase
- Submit to county office
- Monitor processing status
- Handle any questions
- Coordinate follow-ups
- Track completion
Completion Phase
- Obtain recorded affidavit
- Update property records
- Provide final documentation
- Transfer assistance
- Case closure
Average Timeline: 7-15 Weeks
From initial consultation to final recorded affidavit
Document Availability
Having all required documents ready significantly speeds up the process. Missing documents can add weeks to the timeline.
Family Agreement
When all heirs agree on the distribution, the process moves much faster. Disputes require additional time for resolution.
County Processing Time
Different Texas counties have varying processing speeds. Some counties process affidavits faster than others.
Case Complexity
Simple cases with clear family structures move faster. Complex family situations or multiple properties take longer.
Want a More Accurate Timeline?
Every family situation is unique. Schedule a consultation for a personalized timeline estimate.
Required Documentation
Proper documentation is crucial for a successful heirship case. Here's what you'll need to gather.
Essential Documents
Required- Death certificate of deceased property owner
- Property deed or title documents
- Birth certificates of all heirs
- Marriage certificates (if applicable)
- Divorce decrees (if applicable)
Family Documentation
Important- Family tree or genealogy records
- Social Security records
- Military service records
- Immigration documents
- Adoption papers (if applicable)
Property Records
Helpful- Property tax records
- Homestead exemption documents
- Property insurance records
- Utility bills showing occupancy
- Mortgage or loan documents
Additional Evidence
Supporting- Witness affidavits
- Bank account records
- Employment records
- Medical records
- Community property agreements
We Help You Gather Documents
Don't worry if you don't have all these documents. Our team has extensive experience helping families locate and obtain the necessary paperwork.
Document Research
We help locate missing documents through official channels and public records.
Certified Copies
We obtain certified copies of all required documents from appropriate agencies.
Document Verification
We ensure all documents meet court requirements and legal standards.
Process Questions & Answers
Common questions about the heirship process and what to expect
Most heirship cases are completed within 6-12 months, depending on the complexity of your family situation and the completeness of your documentation. Simple cases with all documents ready can be completed in 3-4 months, while more complex cases involving multiple heirs or missing documentation may take up to 12 months.
Still Have Questions?
Every family situation is unique. Schedule a free consultation to get answers specific to your case.