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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.
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.
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.
Affidavit of Death: When the property owner who created a Transfer on Death Deed dies, this form is used by a named beneficiary to get legal ownership of the property. Title to the property does not pass to the beneficiary(ies) until the Affidavit of Death is filed.
Upon the death of the Life Tenant, the Life Estate terminates, and the Remainder Person owns the property 100%. However, you will need to file an Affidavit of Death in the property records to verify the Life Tenant is deceased and the Remainder Person owns the property 100%.
In a joint tenancy, when one owner dies, their share of the property passes to the decedent's heirs or the persons named in the decedent's will. In a joint tenancy with right of survivorship, when an owner dies, their share of the property goes to the other owners.
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.
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.