An heirship affidavit is used to state the heirs of a deceased person. It is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidavit to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate. The affidavit of heirship must also be signed by a notary public.
Affidavit of Heirship, Next of Kin or Descent - Decedent Died Intestate
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Description
Definition and meaning
An Affidavit of Heirship is a legal document used to establish the heirs of a deceased person who died intestate, meaning without a valid will. This form outlines the relationship between the affiant (the person making the affidavit) and the deceased, and confirms the identity of the deceased's legal heirs. It serves as proof for various legal purposes, such as transferring property ownership.
Who should use this form
This form is intended for individuals who are recognized as heirs of a decedent who passed away without a will. Typically, this includes family members like children, siblings, or parents. It may also be useful for individuals involved in estate administration or for those seeking to establish rightful ownership of property that belonged to the deceased.
How to complete a form
Completing the Affidavit of Heirship involves the following steps:
- Provide the full name of the decedent, which is the person who has died.
- Detail the relationship between the affiant and the decedent, including specific familial ties.
- List the names and addresses of all heirs who are determined to be legally recognized.
- State that the decedent deceased intestate and include the date of death.
- Sign the affidavit in front of a notary public, ensuring the form is properly witnessed and notarized.
Key components of the form
The key components of an Affidavit of Heirship include:
- Name of decedent: The full name of the individual who passed away.
- Affiant information: The name and relationship of the person completing the affidavit.
- Heirs’ information: Names and addresses of all heirs-at-law.
- Date of death: The precise date on which the decedent died.
- Notary section: An area for notarization to validate the document.
What to expect during notarization or witnessing
When you go to notarize the Affidavit of Heirship, you should be prepared to:
- Bring a valid form of identification.
- Sign the affidavit in the presence of the notary public.
- Provide any additional information if requested by the notary.
- Pay any required notarization fees.
The notary will then acknowledge your signature, which adds credibility to the document.
Common mistakes to avoid when using this form
When completing the Affidavit of Heirship, be cautious of the following common pitfalls:
- Failing to accurately list all heirs, which can lead to disputes.
- Not providing complete and accurate addresses for each heir.
- Omitting important information about the decedent.
- Neglecting to have the document notarized which may invalidate the affidavit.
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FAQ
Step 1 At the top, write in the name of the decedent. Step 2 Under Section 1, write in the date of birth, the date of death, the residential address of decedent. Step 3 In Section 2, check the box that describes you as the person filling out the affidavit.
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. The filing fees vary from county to county.
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.
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.
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.
A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of heirship as one document. Some counties let you file the two affidavits of heirship as one document if the decedent and property descriptions are the same.