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In Texas, state and local court rules govern the various time periods that the executor must follow in probating a will. The general rule in Texas is that the executor has four years from the date of death of the testator (person who drafted the will) to file for probate.

Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so. At that point, the deed most commonly used to transfer the property is a General Warranty Deed.

Good to know: A Will may only be probated within 4 years of the death of a property owner in most cases. If this timeframe has lapsed, an Affidavit of Heirship may be a useful alternative as it can be filed at any time.

A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of heirship as one document. Some counties let you file the two affidavits of heirship as one document if the decedent and property descriptions are the same.

The Affidavit of Heirship form you file must contain: The decedent's date of death. The names and addresses of all witnesses. The relationships the witnesses had with the deceased. Details of the decedent's marital history. Family history listing all the heirs and the percentage of the estate they may inherit.

An affidavit of heirship should be signed by two disinterested witnesses. To qualify as a disinterested witness, one must be knowledgeable about the deceased and his or her family history, but cannot benefit financially from the estate.

It is also sometimes referred to as affidavit of death and heirship. It transfers the property's title from the decedent's name into their heir's name, without having to go through probate. This document ensures the legal transfer or clean chain of transfer of the property's title.

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.

Of course, one question that persists is, “How much does it cost to file an affidavit of heirship?” The nominal price of an Affidavit of Heirship is $500. It consists of the attorneys' fees to prepare the document and the cost to record the real property records.