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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.
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.
The determination of heirship process is a legal process used to determine the legal heirs of a person who has died without leaving a will in Texas. It involves filing a petition in court to determine the heirs of the estate and appointing an administrator to handle the estate's distribution.
An affidavit of heirship must be signed and sworn to before a notary public by a person who knew the decedent and the decedent's family history. This person can be a friend of the decedent, an old friend of the family, or a neighbor, for example.
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. The first page usually costs more than the other pages.