Texas Affidavit as to Heirship of (Name of Person), Deceased (With Corroborating Affidavit)
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FAQ
In intestate succession, spouses inherit first, then children, then parents and siblings. Stepchildren do not automatically receive a share of the estate unless the decedent legally adopted them. Grandchildren only inherit when the decedent's children are not alive to receive their share of an inheritance.
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.
In order to qualify as a valid Heirship Affidavit, the document needs to be signed in front of a notary public by three people that knew the deceased for at least 10 years. It can be signed in front of a notary anywhere in the world. It does not have to be signed at the same time or at the same place.
An Affidavit of Heirship or Affidavit Concerning Identity of Heirs is authorized by the Texas Estates Code. Essentially, the affidavit is a legal document that must be signed by a person with personal knowledge of the decedent's family and marital history.
In Texas, if you wish to contest an affidavit of heirship, you can file for a judicial heirship proceeding. A judicial heirship proceeding is a court-supervised process in which a judge determines who the legal heirs of an estate are.
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.
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.
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.
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.
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.