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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.
This document ensures the legal transfer or clean chain of transfer of the property's title. Title companies require a clean train of title transfer to insure the property for sale, and most title companies will accept an affidavit of heirship.
Joint Tenancy with Right of Survivorship Ownership by two or more persons with a right of survivorship. When one joint tenant dies, the other joint tenants automatically receive the deceased owner's share of the property.
Specific information is needed to determine the identity of the Heirs at Law of the Heir Property. 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.
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 mailing address is: Harris County Clerk, P.O. Box 1525, Houston, TX 77251-1525.
The disinterested witnesses must be someone who knew the decedent and was familiar with the decedent's family history. The disinterested witness can be a friend of the decedent, a friend of the family, or a neighbor, but it cannot be an individual who will directly benefit from the estate financially.
A Wyoming small estate affidavit, or 'Wyoming Affidavit of Collection of Estate Assets', is a form that may be used to shorten the process for settling the estate of a deceased resident (decedent). Thirty (30) days must pass after the death before the affidavit can be used.