Cut expense in the Affidavit of Heirship

Aug 6th, 2022
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How to cut expense in the Affidavit of Heirship

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[Music] hi my name is Isaac Shutt Im an estate planning attorney licensed both in Texas and in Wyoming today Im going to talk about the determination of heirship a determination of heirship is a legal process that a deceased persons estate might go through if that deceased person died without a will we call that dying intestate if the person died with a will then the determination of heirship is typically not going to apply unless that Will was invalid but if the person died with a valid will determination of heirship is not going to apply okay so what is a determination of heirship a determination of heirship is a legal process where basically an heir files a request in the court with probate jurisdiction addiction to say hey judge I would like a piece of paper a determination of Who The Heirs are now with that legal determination then you can go and deal with whatever assets there might be so if there was real estate that determination of heirship is

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Each county in Texas has a different filing fee, but the cost of filing an affidavit of heirship runs from $50 to $75. You will likely also need to pay a notary public to witness the document signing.
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.
Affidavit of Heirship for Texas Property. Using a properly recorded Affidavit of Heirship, the Texas property records and the property tax records are updated to transfer the property from the deceaseds name to the names of the heirs at law without probate.
Once heirs are established, a deed transfer can be made to the heirs named in the affidavit or to someone who is purchasing the property. Both the affidavit and the new deed will be recorded in the county property records where the real estate is located, and the new ownership is established.
However, an affidavit of heirship is a legal document that can transfer ownership of real property from a decedent to heirs without the property going through probate. Probate costs money, so these documents can be a less costly way for heirs to transfer real property.
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.
Sworn Affidavit: For a straightforward sworn affidavit, the costs primarily include notary public fees, ranging from $5 to $15 in Texas.
Unlike the affidavit of heirship, the small estate affidavit only transfers the title of the decedents homestead. Only a surviving spouse or minor child can inherit property through this affidavit type. The other types of the deceased persons real property cannot be transferred by submitting a small estate affidavit.

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