Texas Affidavit of Heirship for Real Property
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How to fill out Affidavit Of Heirship For Real Property?
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FAQ
A transfer on death deed (TODD) is a legal document that allows a person to transfer ownership of their property after they die. By using a TODD, a person can transfer the property directly without going through probate.
All beneficiaries must agree to the terms of the sale, and the purchase must be made at fair market value.
An Affidavit of Heirship. It is signed in front of a notary by an heir and two witnesses knowledgeable about the family history of the deceased. Once it is signed notarized, the Affidavit of Heirship is ready to be recorded in the deeds records in the county where the property is located.
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.
To claim the vehicle, the beneficiary must submit an Application for Texas Title and/or Registration (Form 130-U), the $28 or $33 title application fee, the Texas title in the deceased owner's name listing the beneficiary, and a death certificate.
To get title to the property after your death, the beneficiary typically records an "affidavit of death" (a sworn statement) and a certified copy of the death certificate in the county clerk's office. No probate is necessary. Use Nolo's Quicken WillMaker to make a transfer on death deed in any state that allows it.
The mailing address is: Harris County Clerk, P.O. Box 1525, Houston, TX 77251-1525.
The County Clerk only requires an Affidavit of Death to make the transfer effective. You do not need additional proof of death to take ownership. However, you must give the title company a death certificate, obituary, or other acceptable document if you want to sell the property or use it as collateral.