Probate vs. Affidavit of Heirship: Which Do You Need?

To sell an inherited Texas property, you first have to legally establish who owns it. Two common paths do that — full probate and an affidavit of heirship — and people often aren't sure which applies. Here's the plain-English difference.

Probate

Probate is the court process for settling an estate. It's typically used when there's a will to validate, when there are debts to resolve, or when the estate is large or contested. It's more formal, takes longer, and involves the court — but it produces the strongest, most unquestionable proof of who inherits.

Affidavit of heirship

An affidavit of heirship is a sworn statement of the family history, signed by people who knew the family. It's commonly used when there's no will, the main asset is real estate, and the heirs agree on the facts. It can often establish ownership without full probate — faster and cheaper.

Which one applies to you?

• There's a will / debts / disputes / a big estate -> probably probate.
• No will, mainly a house, heirs agree -> an affidavit of heirship may be enough.

It's not always obvious, and the title company has the final say on what they'll accept to insure the sale.

We help you figure it out

We work with both paths every day and coordinate with title companies and probate attorneys. Tell us about your situation below and we'll help you understand which route fits -- and then buy the property or your share once title is clear.