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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.
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).
A ballpark fee for preparation of the affidavit is between $750 for a very simple estate with few heirs to several thousand dollars for a more complicated estate with many heirs. The filing fees to record the affidavit in each county where the real property is located usually run about $50 to $75 in Texas.
What is required for an affidavit of heirship in Texas? A properly prepared Texas Affidavit of Heirship must provide the following information: The deceased owner's full name, last address, date of birth and date and place of death. It should list all real estate owned by the deceased owner.
What Is An Affidavit Of Heirship in Oklahoma. Under Oklahoma law, successors (usually children) can file an affidavit of heirship if the deceased individual's estate qualified as a ?small estate.? The affidavit of heirship must contain specific information if its to be used to avoid the probate process.