Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
When a property has passed down without a will, families often hear the term “affidavit of heirship.” It’s worth understanding what it is, because it comes up constantly in back-tax situations.
An affidavit of heirship is a sworn document that lays out the family history of a deceased owner: who they were, when they died, whether they had a will, and who their heirs are. Filed in the county property records, it creates a written record of who inherited the property. It’s often used as a simpler alternative to full probate when an estate is mostly real estate and the family is in agreement. It does not, by itself, pay anything. It identifies the owners, which is exactly what’s been missing when county records still list a person who has died.
This matters with delinquent taxes because the county frequently can’t tell who to bill or who to name in a suit until the heirs are documented. Until then, the taxes keep accruing penalties and interest, and the account can be turned over for collection. When that happens, heirs may be served with a citation and an Original Petition by a constable or sheriff’s deputy, which is the ordinary start of a civil tax case rather than anything criminal.
An attorney can prepare an affidavit of heirship or pursue probate to establish ownership formally. From there, the heirs can address the back taxes through a payment arrangement, or an individual heir can sell their share. Selling your portion moves you off the title and out of the lawsuit, and a buyer experienced in these situations can usually work with the heirship documentation as part of the process.
A couple of questions we hear a lot:
Do I need an affidavit of heirship before I can sell my share? Not always. Your interest passed to you under Texas law at death, and a buyer familiar with heir property can often help establish the chain of ownership as part of the sale. An attorney can advise on what your specific situation needs.
Does signing an affidavit make me responsible for all the back taxes? No. The affidavit documents who the heirs are; it doesn’t assign the debt to any one person. The taxes are tied to the property, not created by the affidavit.
If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.
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