Can I file an affidavit of heirship to probate a will?
No, an affidavit of heirship cannot substitute a probate proceeding. According to Section 94 of the Texas Probate Code, the only way a will can have force and effect is for it to be admitted to probate under the probate process. An affidavit of heirship only serves to establish the identity of the decedent’s heirs. It is not evidence of the decedent’s devisees (see section 52 of the Texas Probate Code).
