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To transfer real estate, a Texas Affidavit of Heirship should be signed by 1 heir and 2 people that are (a) familiar with the decedent's family history and (b) not interested in the estate (not an heir of the decedent and do not stand to gain anything financially from the estate).
Where do you file an affidavit of heirship? 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.
An affidavit of heirship can be used when someone dies without a will, and the estate consists mostly of real property titled in the deceased's name. It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate).
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.
Small Estate Affidavit Process in TexasName and address of decedent.Date of death.Description of assets.Description of debts.Names and addresses of distributes.Signatures of distributees.
The Texas Estates Code allows for the use of Affidavits of Heirship, meaning, a court shall receive Affidavits of Heirship in (a) a proceeding to declare heirship or (b) a suit involving title to property to establish prima facie evidence of the statement of family history, genealogy, marital status or the identity of
With an affidavit of heirship in Texas, the witnesses must swear that they knew the decedent for an extended period; the descendent did not owe any debts; the identity of the descendent's family members and heirs; where and when the descendent died; and that they will not have any financial gain from the descendent's
The Heirship Affidavit need only be signed Page 2 and sworn by the disinterested parties. All signatures must be in the presence of a Notary Public. Clerk of the county of decedent's residence, along with an Order for the Judge to sign approving it as conforming with the requirements of TPC §137.
Harris County Clerk Probate DepartmentHarris County Civil Courthouse.201 Caroline, Suite 800. Houston, TX 77002.(713) 274-8585.
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.