Affidavit Death of Joint Tenant - Realtor-Info 2025

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What is required for an affidavit of heirship? Name, address, and date of death of the decedent. Whether the deceased person was ever married. Names of the surviving heirs. Statement that the deceased did not leave a will. Statement that you are an heir under your state intestacy law.
Identify a Disinterested Party: Ask a person who isnt an heir or closely related to the deceased to complete the form. This helps maintain the integrity of the information. Get a witness: Its recommended to have at least two witnesses who knew the deceased for at least 10 years to sign the Affidavit.
The affidavit must include specific information such as the name and address of the affiant, the decedents name and date of death, marital history, and the names and addresses of the decedents children and siblings. Sign the affidavit of heirship in front of a notary public. Get legal help if necessary.
A valid Affidavit of Death requires the affiant to have personal knowledge of the deceased. Detailed identification of the deceased, the affiants relationship with them, and the reason for the affidavits execution should be clearly stated. Validation from a Notary Public is essential to certify its legality.
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.
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The affidavit must set forth a particular description of the property and include the death certificate of the deceased joint tenant. The affidavit must then be filed in a designated public office as required by law. (Cal. Prob. Code 210(a).)

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