An heirship affidavit is used to state the heirs of a deceased person. It is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidavit to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate. The affidavit of heirship must also be signed by a notary public.
Affidavit of Heirship, Next of Kin or Descent - Heirship Affidavit Made By Someone Well-Acquainted with Decedent - Decedent having Spouse and Children at Death
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Description
Definition and meaning
An Affidavit of Heirship is a legal document used to establish the heirs of a decedent, particularly when a person has died without a will. This affidavit is often utilized in situations involving real property to clarify the rightful heirs, especially when the decedent had a spouse and children at the time of death. It serves as a formal declaration by an individual who was closely acquainted with the decedent, providing testimony regarding the family structure and the decedent's last wishes.
Who should use this form
This form is typically used by individuals who wish to clarify the heirship of a deceased person. Specifically, it is suitable for:
- Surviving spouses who need to assert their rights to the decedent's estate.
- Children or other family members seeking to confirm their status as heirs.
- Friends or associates of the decedent who can provide firsthand knowledge of the family relationships and circumstances surrounding the decedent's death.
Using this form helps to resolve any uncertainties about the heirs and can facilitate the transfer of property or assets.
How to complete a form
Filling out the Affidavit of Heirship involves several clear steps:
- Identify the affiant: The person completing the affidavit must be someone who was well-acquainted with the decedent.
- Provide decedent's information: Fill in the full name of the decedent, as well as their date of death and the location where they passed away.
- State marital status: Mention whether the decedent was married and provide the spouse's name.
- List children: Include the names of all children born to the marriage, addressing any who predeceased the decedent.
- Sign the document: The affiant must sign the affidavit in the presence of a notary public.
Ensure that all provided information is accurate and truthful, as this document may be used in legal proceedings.
What documents you may need alongside this one
When preparing the Affidavit of Heirship, it may be helpful to have the following documents:
- A copy of the decedent's death certificate.
- Marriage certificate of the decedent, if applicable.
- Birth certificates of the decedent's children.
- Any prior wills or estate documents that may indicate the decedent's wishes.
These documents can support your assertions and provide clarity regarding the family structure.
Key components of the form
Essential elements that should be included in the Affidavit of Heirship are:
- Affiant's name: The person making the affidavit.
- Decedent's details: Full name, date of death, and location of death.
- Marital status: The name of the spouse and confirmation of other children.
- Statement of heirship: A clear declaration that lists the heirs at law.
- Notary acknowledgment: A section for notarization to validate the document.
These components ensure that the affidavit will be recognized by legal authorities and effectively used to assert heirship.
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FAQ
The price of the Affidavit of Heirship is $500. This price includes the attorneys' fees to prepare the Affidavit of Heirship and the cost to record in the real property records. You can save $75 if you record the Affidavit of Heirship yourself.
Does an affidavit of heirship need to be recorded in Texas? Yes, after the affidavit is signed and executed, it must be filed with the county deed records where the decedent's real property is located.
Affidavit must be filed by the new owner with the assessor for the city or township where the property is located within 45 days of the transfer.
An affidavit of heirship must be filed with the real property records in the county where the land is located. Call the county clerk and ask how much their filing fees are. The filing fees vary from county to county.
An affidavit of heirship must be filed with the real property records in the county where the land is located. Call the county clerk and ask how much their filing fees are. The filing fees vary from county to county.
An affidavit of heirship should be signed by two disinterested witnesses. To qualify as a disinterested witness, one must be knowledgeable about the deceased and his or her family history, but cannot benefit financially from the estate.
1. This form should be completed by someone other than an Heir. This person should be someone who is familiar with the family history of the deceased (decedent), and who will obtain no benefit from the Estate. The person who fills out the form is referred to as the AFFIANT.
Step 1 At the top, write in the name of the decedent. Step 2 Under Section 1, write in the date of birth, the date of death, the residential address of decedent. Step 3 In Section 2, check the box that describes you as the person filling out the affidavit.
Harris County Civil Courthouse. 201 Caroline, Suite 800. (713) 274-8585.
