Texas Heirship or Descent Affidavit Questionnaire

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State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

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.

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.

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.

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.

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 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.

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.

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Texas Heirship or Descent Affidavit Questionnaire