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A Texas affidavit of heirship can be contested. This may be done by other heirs who disagree that you should receive the property or believe they should have been listed as an heir on the affidavit.
An affidavit of heirship is a document used to give property to the heirs of a person who has died. It may be needed if the person did not have a will, or if the will was not approved within four years of their death.
To qualify as a small estate that can bypass probate, the following requirements must be met: The estate must be valued at $100,000 or less, excluding motor vehicles. The estate cannot include any real property. The affiant must be the decedent's successor.
In Hawaii, ?next of kin? for purposes of intestate succession (when someone dies without a will) generally include the closest relatives of the decedent, specifically the: Surviving spouse. Children. Parents.
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.
Ing to the Texas Estates Code, the judgment in a proceeding to decide heirship is final. However, an ?interested person? has the right to contest the heirship by requesting that the probate court appeal or review their previous judgment. Under state law, the interested person must retain licensed legal counsel.
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.
There is no need for all heirs to agree to sell a property if it is still in probate. The heirs need to petition the court for approval to sell the property. If they file a suit for partition, the court can order a property sale.