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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.

Where do you file an affidavit of heirship? 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.

A) The judgment in a proceeding to declare heirship must state: (1) the names of the heirs of the decedent who is the subject of the proceeding; and. (2) the heirs' respective shares and interests in the decedent's property.

In order to determine who the heirs of an estate are, first determine if the deceased's property is separate or community property; if the deceased was married or unmarried; whether the deceased had children; and, if so, whether those children were also the children of the deceased's spouse.

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.

Good to know: A Will may only be probated within 4 years of the death of a property owner in most cases. If this timeframe has lapsed, an Affidavit of Heirship may be a useful alternative as it can be filed at any time.

If a you are single and die without a will in Texas, your property will be distributed as follows: Your estate will pass equally to your parents if both are living. If one parent has died, and you don't have any siblings, then your estate will pass to your surviving parent.

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.

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Arlington Texas Judgment Declaring Heirship or Descent

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