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A legitimate heir is someone who is entitled to receive property from someone who has died without leaving a will. They can also inherit property through a will or by law. An heir can be a family member or someone who is in line to inherit a lot of money.
Children are considered to be heirs and are the most common example. If no children are living, then a person's grandchildren are considered to be heirs. If a person has no children or grandchildren, then the next closest living relative would be considered an heir.
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.
In situations, where heirs cannot be easily identified an Heirship Determination has to be filed with the Probate Court. However, for mineral interest rights it is very common to see an affidavit of heirship filed with the County recorder to determine who is entitled to receive oil & gas compensation.
A properly prepared Texas Affidavit of Heirship must provide the following information: The deceased owner's full name, last address, date of birth and date and place of death. It should list all real estate owned by the deceased owner.
FAQ Download the legal heir certificate form from your local court or from the official website of your state. Read the instructions carefully before filling out the form. Fill out the basic information such as name, address, contact details, and relationship to the deceased.
Heirs. You have probably heard this word in everyday life and have a general understanding of what it means. An heir is a person who is entitled to inherit from a deceased estate because they are related. Heirs are a person's blood relatives, their surviving spouse (if applicable), and any adopted children.
The Declaration of Heirs aims to legally establish the quality of heirs who succeed in an inheritance, establishing their legitimacy to proceed to the division of that inheritance. As a rule, the declaration is made to designate the heirs; and not some legatees who also succeed in that inheritance.