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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.
There is usually no fee for filing a General Affidavit. Call the district clerk's office in the county where the case is on file to confirm.
How Much Does It Cost To Get A Small Estate Affidavit In Texas? Each county has its own filing fee schedule, so court costs can vary. If you prepare the document on your own, you should expect to pay between $250 and $400.00 in fees.
Filing a Petition for Determination of Heirship: The first step is to file a petition for determination of heirship in the county court where the decedent lived. The petition should include information about the decedent's death, family history, and other relevant details.
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 clerk shall record the list of heirs in the will book and index the list in the name of the decedent and the heirs. A list of heirs made under oath and recorded pursuant to this section shall be prima facie evidence of the facts contained in the list.
In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerk's office, or you may need to have an attorney or legal services firm create one for you.
Any person having an interest in real estate that is part of an intestate decedent's estate, including a personal representative who has qualified, may execute an affidavit, on a form provided to each clerk of the court by the Office of the Executive Secretary of the Supreme Court or a computer-generated facsimile ...