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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 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. How to Draft an Affidavit of Heirship - Texas Law Help Texas Law Help ? article ? how-to-draft-an-aff... Texas Law Help ? article ? how-to-draft-an-aff...
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.
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.
In situations, where heirs cannot be easily identified an Heirship Determination has to be filed with the Probate Court. However, for mineral interest rights it is very common to see an affidavit of heirship filed with the County recorder to determine who is entitled to receive oil & gas compensation.
In summary, if someone dies without a will in Texas, it is necessary to go through the determination of heirship process to ensure their assets are properly distributed. Determination of Heirship Process with Administration in Texas jacschuster.com ? blog ? determination_of_heirship jacschuster.com ? blog ? determination_of_heirship
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. Contesting an Heirship in Texas - The Hatchett Law Firm hatchettlegalteam.com ? contesting-an-heirship-in-... hatchettlegalteam.com ? contesting-an-heirship-in-...