Probate & Heirship

Inherited assets often come with disputes, unclear title, or probate delays. We bring clarity, execution, and proven experience to unlock their full potential.

Our Approach

Probate and heirship situations can stall valuable assets for years. We specialize in resolving complexity — from tangled ownership to legal uncertainty — and turning these properties into productive, income-generating real estate.

Proven Track Record

Building on our distressed assets expertise, we’ve stabilized and monetized inherited properties across Texas. With pattern recognition built from thousands of underwritings, we know how to move quickly and decisively in complex ownership scenarios.

Our Playbook

  • Clarify Ownership: Work with heirs, attorneys, and courts to establish clean title.
  • Stabilize: Address legal, financial, and operational risks holding the asset back.
  • Unlock Value: Lease, redevelop, or sell into a stronger market once the property is clear.

Why It Matters

Heirship disputes and probate delays often discourage traditional investors. By stepping into these situations with speed and clarity, we unlock assets that would otherwise sit idle and restore them to productive use.

Affidavit of Heirship: How It Works

Infographic explaining affidavit of heirship: when used, process flow, witness requirements, benefits, and limitations.

Affidavits of Heirship are a common tool in Texas to resolve ownership when no will or probate exists. Two or more disinterested witnesses with knowledge of the family sign the affidavit, which is filed in county records to establish heirs and clear title. While faster and less expensive than probate, it can still be challenged in court.

Case Study: Wimberley Probate Resolution

In Hays County's Hill Country Ranches subdivision, just outside the town of Wimberley, we came across a nearly 9-acre Lakeside property in one of the most picturesque settings of the Texas Hill Country. Wimberley is a destination for retirees and family recreational land buyers from San Antonio and Austin, known for its water features, hiking, and natural beauty.

Just two weeks before the property was scheduled for sale at a tax foreclosure auction, we discovered that the recorded owner had passed away, with no probated will on file. Further research showed she had purchased the land as separate property following her divorce, leaving a single heir — her son. He, too, had passed intestate, leaving behind one son who inherited the property outright.

The challenge was that the current occupant — two owners removed from the rightful heir — was facing unrelated legal issues and was difficult to contact. We reached him by email, where he disclosed other offers and demanded highest and best terms. Within hours, we submitted a strong offer with a commitment to close at a local title company before the looming auction date.

Title went to work assembling affidavits of heirship for both the grandmother and father, establishing a clean chain of title and clearing the way for a valid conveyance. With less than two weeks to spare, we closed successfully, preventing the auction sale.

This was one of our first heirship deals — the satisfaction of solving the puzzle was overwhelming, and the value unlocked changed the course of our career. It demonstrated not only the financial upside of these transactions, but also the impact disciplined execution can have in preserving and restoring family assets.

The Value of Resolving Probate & Heirship

Unlocking probate and heirship real estate creates value not just for heirs, but for communities and investors. Stabilizing these assets restores tax revenue, prevents blight, and delivers productive returns.

Probate & Heirship — FAQs

What is an affidavit of heirship?

An affidavit of heirship is a sworn legal document used to establish heirs of a deceased person when no probate has been filed.

Who can sign an affidavit of heirship?

Two or more disinterested witnesses, outside the household, with personal knowledge of the family and heirs.

Is an affidavit of heirship as strong as probate?

No. While faster and cheaper, it can be challenged in court and is not as conclusive as a probate judgment.

How does this fit into your strategy?

We combine affidavits of heirship with legal and market expertise to stabilize and monetize inherited assets, consistent with our distressed and value-add strategies.

Do you have a probate or heirship property stalled in Texas?

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