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[Music] when a person dies without a will the law declares them to have died intestate if they died owning real or personal property there may be a necessity for heirs to open a probate case in order to have a court of law convey or pass the property to the rightful heirs the timeframe in Texas to open a probate case is four years from death but what happens if the heirs dont file with the probate court within four years fortunately Texas law has other methods to convey the real property one of the most popular and cost effective is the affidavit of heirship an affidavit of heirship is a document filed in the county records that declares or identifies the heirs of a deceased person this document can then be used to transfer title from the decedents name into the names of the heirs without having to go through the probate process affidavits of heirship are more cost-effective and quicker to transfer real property than the traditional probate process because they dont require a court