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Unlike the affidavit of heirship, the small estate affidavit only transfers the title of the decedent's homestead. Only a surviving spouse or minor child can inherit property through this affidavit type. The other types of the deceased person's real property cannot be transferred by submitting a small estate affidavit.
All beneficiaries must agree to the terms of the sale, and the purchase must be made at fair market value.
If the deceased property owner had a Will stating who the property should be transferred to, the Will should be filed for Probate within 4 years of the date of death. The property may subsequently be transferred or sold by the Executor named in the Will ing to the wishes of the deceased owner.
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.
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.
Each county in Texas has a different filing fee, but the cost of filing an affidavit of heirship runs from $50 to $75. You will likely also need to pay a notary public to witness the document signing.
The purpose of an Affidavit of Heirship is to put the county records on notice for mineral owners who are deceased that did not have probate proceedings administered to their estate.
What is an heir property owner? You are considered to be an heir property owner if you inherited your primary residence (also called a ?residence homestead?) by (1) will, (2) transfer on death deed, or (3) intestacy ? regardless of whether your ownership interest is recorded in the county's real property records.