Redact Legal Delaware Heirship Affidavits Forms For Free

The key point to remember and the determining factor in whether to use Affidavits of Heirship is that they do not and cannot transfer title to anything the decedent owned. Affidavits of Heirship are evidence of title because they are one person's opinion about the title, but they merely create a presumption of title.

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.

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.

Each county in Texas has a different filing fee, but the cost of filing an affidavit of heirship runs from $50 to $75.

Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so. At that point, the deed most commonly used to transfer the property is a General Warranty Deed.

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.