This detailed sample Heirship Affidavit complies with Texas law. Adapt the language to fit your facts and circumstances. Available in Word and Rich Text formats.
Affidavit Of Heirship Texas Form For Property
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FAQ
Does an affidavit of heirship need to be recorded in Texas? Yes, after the affidavit is signed and executed, it must be filed with the county deed records where the decedent's real property is located.
The price of the Affidavit of Heirship is $500. This price includes the attorneys' fees to prepare the Affidavit of Heirship and the cost to record in the real property records. You can save $75 if you record the Affidavit of Heirship yourself.
In a joint tenancy, when one owner dies, his or her share of the property passes to the decedent's heirs or to the persons named in the decedent's will. In a joint tenancy with right of survivorship, when an owner dies, his or her share of the property goes to the other owners.
ChecklistThe name and address of the deceased party (called the "Decedent")The name and address of the party providing sworn testimony in this affidavit (called the "Affiant")The date and location of the Decedent's death.Whether or not the Decedent left a will and, if so, the name and address of the Executor.More items...
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3) Attach a copy of the Death Certificate and the Last Will and Testament (if applicable) to the affidavit. The completed, signed and notarized form must be sent for recording to the county(s) where the property(s) are located.An Affidavit of Heirship is a sworn statement that heirs can use in some states to establish property ownership when the original owner dies intestate.