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An Affidavit of Heirship is not a formal adjudication like probate is. Rather, it is an affidavit outlining the deceased person's family history and the identity of heirs. Nothing is filed in the Probate Court. Rather, the affidavits are filed in the public records of any counties in which the decedent owned 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. It should list all real estate owned by the deceased owner.
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.
The Affidavit of Heirship form you file must contain: The decedent's date of death. The names and addresses of all witnesses. The relationships the witnesses had with the deceased. Details of the decedent's marital history. Family history listing all the heirs and the percentage of the estate they may inherit.
An Affidavit of Heirship is a sworn statement that identifies the heirs of a deceased property owner. Good to know: By Texas law, all property owned by the deceased passes to the Heirs at Law of the deceased unless there is a valid Will or other estate plan in place stating otherwise.
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People also ask

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.
An affidavit of heirship is a document that \u201cdeclares or identifies the heirs of a deceased person and is used to state ownership of real and personal property.\u201d1 By using an affidavit of heirship, you may avoid the necessity of probate which may prevent conflict amongst heirs, holding costs, and additional attorney ...
When using an affidavit of heirship in Texas, the witnesses must swear to the following conditions: They knew the decedent. The decedent did not owe any debts. The true identity of the family members and heirs.
A loved one or heir of the decedent must file an affidavit of heirship with the county clerk of the counties in which the decedent owned property or resided at the time of death.
A beneficiary must survive the grantor by 120 hours (five days) for the transfer to be effective. A person executing a Transfer on Death Deed should always identify an alternate beneficiary. If there is no beneficiary upon death, the Transfer on Death Deed is not valid and the property must be placed into probate.

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