Affidavit of Death and Heirship of Decedent

Category:
State:
Multi-State
Control #:
US-A0071ST
Format:
Word; 
Rich Text
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  • Preview Affidavit of Death and Heirship of Decedent
  • Preview Affidavit of Death and Heirship of Decedent
  • Preview Affidavit of Death and Heirship of Decedent

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FAQ

An affidavit of heirship can be contested. This may be done by other heirs who disagree that you should receive the property or believe they should have been listed as an heir on the affidavit.

An affidavit of heirship must be signed by a disinterested person, meaning someone who has no financial interest in the estate's assets.

If a family member has recently passed away owning real property, there may not be a need for a full probate administration. Instead, Tennessee law allows for the filing of a muniment of title and an affidavit of heirship to transfer property.

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.

Create the affidavit of heirship. The affidavit must include specific information such as the name and address of the affiant, the decedent's name and date of death, marital history, and the names and addresses of the decedent's children and siblings. Sign the affidavit of heirship in front of a notary public.

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.

Deceased died with a Will If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.

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Affidavit of Death and Heirship of Decedent