Prepare Legal New York Heirship Affidavits Forms For Free

An affidavit of due diligence is a sworn and legally-binding statement. What this means is that a person can be found guilty of perjury if he or she submits a false, inaccurate or misleading statement in an affidavit of due diligence.

Good to know: By Texas law, all property owned by the deceased passes to the Heirs at Law of the deceased unless there is a valid Will or other estate plan in place stating otherwise. Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property.

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.

The form is fairly straightforward and requires the following information: Name, address, and date of death of the decedent. Whether the deceased person was ever married. Names of the surviving heirs. Statement that the deceased did not leave a will. Statement that you are an heir under your state intestacy law.

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.

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. Get legal help if necessary.