Texas Report of Attorney Ad Litem in Heirship Proceeding
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FAQ
(b) The court may expand the appointment of the attorney ad litem appointed under Subsection (a) to include representation of an heir who is an incapacitated person on a finding that the appointment is necessary to protect the interests of the heir. Added by Acts 2009, 81st Leg., R.S., Ch. 680 (H.B. 2502), Sec.
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.
The attorney ad litem will typically investigate the case, gather evidence, and analyze legal issues related to the interests of their client. They will then provide their findings and recommendations to the court to help the judge make a decision that is in the best interests of their client.
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.
The job of the Attorney Ad Litem is to find any unknown heirs and include them in the distribution of an estate. ing to TEX. EST. CODE § 51.001, heirs can be notified of the proceedings by certified mail.
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. At that point, the deed most commonly used to transfer the property is a General Warranty Deed.
When using an affidavit of heirship in Texas, the witnesses must swear to the following conditions: They knew the decedent. The decedent did not owe any debts. The true identity of the family members and heirs. The person died on a certain date in a certain place. The witness will not gain financially from the estate.
The affiant must be a person with personal knowledge of the family and marital history of the decedent. The affidavit must include the name and address of the affiant. The affidavit must state the name of the decedent, the date and place of death, and the decedent's residence at the time of death.