Restore sentence in the Affidavit of Heirship

Aug 6th, 2022
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Once the affidavit has been recorded, the heirs are identified in the property records as the new owners of the property. Thereafter, the heir or heirs may transfer or sell the property if they choose to do so. At that point, the deed most commonly used to transfer the property is a General Warranty Deed.
An affidavit of heirship is a document, sworn to under oath, that is submitted to the Surrogates Court definitively identifying all of the people who may have a legal claim to inherit the decedents assets or property.
Sworn Affidavit: For a straightforward sworn affidavit, the costs primarily include notary public fees, ranging from $5 to $15 in Texas.
An affidavit of heirship must be signed and sworn to before a notary public by a person who knew the decedent and the decedents family history. This person can be a friend of the decedent, an old friend of the family, or a neighbor, for example.
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.
The process, termed determination of heirship, ranges from five weeks to potentially over 9 months. The absence of a will necessitates additional legal procedures, including appointing an attorney to identify all familial heirs, validating their inheritance rights, and attending several hearings.
Estates Code Section 203.001 states that the affidavit of heirship, having been on file in the deed records for more than five years, serves as prima facie evidence of the facts therein stated in a proceeding to declare heirship or in a suit involving title to real or personal property. ingly, the filed

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