An affidavit is based upon either the personal knowledge of the affiant or his or her information and belief. Personal knowledge is the recognition of particular facts by either direct observation or experience. Information and belief is what the affiant feels he or she can state as true, although not based on firsthand knowledge.
An affidavit is a written statement of facts voluntarily made by an affiant under an oath or affirmation administered by a person authorized to do so by law.
Procedures: Please e-file all appropriate documents for your case with the Bexar County Probate Clerk's office, including Proposed Orders, Judgments, Affidavits of Heirship, and Proof of Death for review.
To probate a will, you'll need to file an application in a probate court. This is typically done in the county where the deceased had lived. Other rules will apply if the person lived out of state. The court will schedule a hearing to examine the will and listen to any objections.
If you need non-certified or certified copies, letters of testamentary or guardianship, or to check the status of an order please contact the Probate Department main line at (210) 335-2241. To search for court records please visit the Bexar County Odyssey Portal.
Texas probate law sets a strict statute of limitations of only four years for any heir or beneficiary to make a legal claim for inheritance. The four-year clock starts ticking as soon as the adoption is complete for adopted children. For other heirs or beneficiaries, it begins on the date of the parent's death.
An affidavit of guardianship is a sworn statement that designates an individual as a guardian for a minor or incapacitated person.
Affidavit of Heirship: Filing this affidavit is a critical step. It's a sworn statement that outlines the deceased's heirs and their relation to the deceased, aiding in establishing a clear chain of title for the mineral rights.
Be Specific and Detailed A good declaration is specific and detailed, focusing on the facts of the situation or event. Avoid general statements or opinions and instead provide concrete details and evidence to support your statement. Use specific dates, times, and locations to make your statement more credible.
If required by the court, the guardian must secure and file his bond, and must take and file an oath of office to ensure that the guardian faithfully discharges his duties. Once the oath and bond have been approved and filed, the clerk of the court will issue Letters of Guardianship to the guardian.
Texas Custody FAQ Yes, you can file for custody without a lawyer in Texas, but it's often recommended to seek legal assistance due to the complexity of custody laws and court procedures.
In most cases, Texas courts can take between 60 and 90 days to hear a petition before they grant guardianship on a permanent basis. However, in certain emergency situations, a court can grant temporary guardianship. For example, if a child suddenly loses their parents, they may need a guardian immediately.
