Upload Data To Legal Texas Heirship Affidavits Forms For Free

Fortunately, there are some methods heirs can use to receive the decedent's property without going through probate. A Texas affidavit of heirship is one such method.

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.

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.

The document should be signed by an heir and two witnesses who knew the deceased at least ten years in the presence of a notary. They do not need to sign at the same time or location. These witnesses should be knowledgeable about the family history of the deceased.

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.

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.