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53-111-A (Rev.9-21/5) AFFIDAVIT OF HEIRS HIP THIS AFFIDAVIT MUST BE FILED WITH THE COUNTY CLERK Link to 53-111-B The claimant must file this completed affidavit in the County Clerk s record in the.

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How are the heirs determined? To determine who the heirs of an estate are, first determine if the deceased's property is separate or community property; if the deceased was married or unmarried; whether the deceased had children; and, if so, whether those children were also the children of the deceased's spouse.

Heirship Affidavit Texas Two things must be true for an affidavit of heirship to be used. That is the decedent died without a Will and the decedent's only asset when the decedent died was real estate. The real estate must not have been jointly owned and must only have the decedent's name in the title.

That takes us over to the statute and the Texas Estates Code, which lists the order of people to inherit. ing to the Code, heirs at law generally starts with my spouse, then my children, then my parents, then my siblings, then my nieces and nephews, and then my cousins.

Affidavit of Heirship for Texas Property. Using a properly recorded Affidavit of Heirship, the Texas property records and the property tax records are updated to transfer the property from the deceased's name to the names of the heirs at law without probate.

The assets of the deceased go to their family and their spouse. The law establishes an order of priority: descendants: children, grandchildren, etc. ; privileged ascendants (father and mother) and privileged collaterals (brothers and sisters, nephews and nieces);

The surviving spouse automatically receives all community property. Separate personal property also goes completely to the surviving spouse, while separate real property is split down the middle between the surviving spouse and the deceased's parents, siblings or siblings' descendants, in that order.

What is an heir property owner? You are considered to be an heir property owner if you inherited your primary residence (also called a “residence homestead”) by (1) will, (2) transfer on death deed, or (3) intestacy — regardless of whether your ownership interest is recorded in the county's real property records.

When using an affidavit of heirship in Texas, the witnesses must swear to the following conditions: They knew the decedent. The decedent did not owe any debts. The true identity of the family members and heirs.

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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