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  • Form 53 111 A

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53-111-A (Rev.4-07/3) AFFIDAVIT OF HEIRSHIP THIS AFFIDAVIT MUST BE FILED IN THE COUNTY CLERK S RECORD. Reported owner name: Claim number: This Affidavit must be completed by a third disinterested.

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An Affidavit of Heirship or Affidavit Concerning Identity of Heirs is authorized by the Texas Estates Code. Essentially, the affidavit is a legal document that must be signed by a person with personal knowledge of the decedent's family and marital history.

An heir is a person who is legally entitled to collect an inheritance when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants, or other close relatives of the decedent.

1. This form should be completed by someone other than an Heir. This person should be someone who is familiar with the family history of the deceased (decedent), and who will obtain no benefit from the Estate. The person who fills out the form is referred to as the AFFIANT .

Does an affidavit of heirship need to be recorded in Texas? Yes, after the affidavit is signed and executed, it must be filed with the county deed records where the decedent's real property is located.

The affidavit is filed ("recorded") with deed records in the county where the decedent's real property is located. ... The legal effect of the affidavit of heirship is that it creates a clean chain of title transfer to the decedent's heirs. An affidavit of heirship should be signed by two disinterested witnesses.

An affidavit of heirship can be used when someone dies without a will, and the estate consists mostly of real property titled in the deceased's name. It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate).

Your heirs-at-law are the persons who will receive your property under the Texas laws of descent and distribution (sometimes also called the laws of intestacy ).

An Affidavit of Heirship or Affidavit Concerning Identity of Heirs is authorized by the Texas Estates Code. Essentially, the affidavit is a legal document that must be signed by a person with personal knowledge of the decedent's family and marital history.

Where do you file an affidavit of heirship? An affidavit of heirship must be filed with the real property records in the county where the land is located. Call the county clerk and ask how much their filing fees are. The filing fees vary from county to county.

Without an affidavit of heirship, the surviving spouse, or other heirs, must use the probate court system to settle an estate. The probate process can be expensive and take months, or even years to resolve. While the estate is in probate, the spouse or heir cannot: Sell the real property.

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© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232
Form Packages
Adoption
Bankruptcy
Contractors
Divorce
Home Sales
Employment
Identity Theft
Incorporation
Landlord Tenant
Living Trust
Name Change
Personal Planning
Small Business
Wills & Estates
Packages A-Z
Form Categories
Affidavits
Bankruptcy
Bill of Sale
Corporate - LLC
Divorce
Employment
Identity Theft
Internet Technology
Landlord Tenant
Living Wills
Name Change
Power of Attorney
Real Estate
Small Estates
Wills
All Forms
Forms A-Z
Form Library
Customer Service
Terms of Service
DMCA Policy
About Us
Blog
Affiliates
Contact Us
Privacy Notice
Delete My Account
Site Map
All Forms
Search all Forms
Industries
Forms in Spanish
Localized Forms
Legal Guides
Real Estate Handbook
All Guides
Prepared for You
Notarize
Incorporation services
Our Customers
For Consumers
For Small Business
For Attorneys
Our Sites
US Legal Forms
USLegal
FormsPass
pdfFiller
signNow
airSlate workflows
DocHub
Instapage
Social Media
Call us now toll free:
1-877-389-0141
As seen in:
  • USA Today logo picture
  • CBC News logo picture
  • LA Times logo picture
  • The Washington Post logo picture
  • AP logo picture
  • Forbes logo picture
© Copyright 1997-2025
airSlate Legal Forms, Inc.
3720 Flowood Dr, Flowood, Mississippi 39232