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The Declaration of Heirs aims to legally establish the quality of heirs who succeed in an inheritance, establishing their legitimacy to proceed to the division of that inheritance. As a rule, the declaration is made to designate the heirs; and not some legatees who also succeed in that inheritance.
This document ensures the legal transfer or clean chain of transfer of the property's title. Title companies require a clean train of title transfer to insure the property for sale, and most title companies will accept an affidavit of heirship.
In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerk's office, or you may need to have an attorney or legal services firm create one for you.
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.
FAQ Download the legal heir certificate form from your local court or from the official website of your state. Read the instructions carefully before filling out the form. Fill out the basic information such as name, address, contact details, and relationship to the deceased.
If no Puerto Rican will exists, then the court will issue a resolution declaring who are the heirs, commonly known as a "Declaratoria de Herederos". There is a possibility that an additional hearing may be needed before the judge can decide who are the heirs. If so, the judge will schedule one.
Specific information is needed to determine the identity of the Heirs at Law of the Heir Property. A properly prepared Texas Affidavit of Heirship must provide the following information: The deceased owner's full name, last address, date of birth and date and place of death.
An heir is someone who is set to inherit the property of the deceased when no will or testament has been made. A beneficiary is someone who was chosen by the deceased to inherit their property as laid out in a will or testament. An heir is typically a close living relative whereas a beneficiary can be anyone.