Affidavit of Heirship (PDF) 2025

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In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerks office, or you may need to have an attorney or legal services firm create one for you.
Each county has a different filing fee, but the cost of filing an affidavit of heirship in Texas runs from $50 to $75. You will likely also need to pay a notary public to witness the document signing.
You may find this form on your state court website or through the court clerks office, or you may need to have an attorney or legal services firm create one for you. The form is fairly straightforward and requires the following information: Name, address, and date of death of the decedent.
A properly prepared Texas Affidavit of Heirship must provide the following information: The deceased owners full name, last address, date of birth and date and place of death. It should list all real estate owned by the deceased owner.
A transfer on death deed (TODD) is a legal document that allows a person to transfer ownership of their property after they die. By using a TODD, a person can transfer the property directly without going through probate. This procedure can be used for real property like land, houses, buildings, etc.
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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.
The Texas affidavit of heirship form must be filled out and filed on behalf of a decedents heir and can not be completed by the heir. Instead, two disinterested parties who know the necessary details about a decedents family life need to fill out the form.

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