Use our free affidavit of heirship Texas form to transfer the property of a passed-away individual without probate. An affidavit of heirship is a legal document that identifies the heirs of the decedent if the decedent has passed away without a will.
What is an Affidavit of Heirship in Texas
An affidavit of heirship Texas officially declares heirs to an estate. This document can be utilized when a deceased individual has no living blood relatives who can inherit the assets in Texas. Once the affidavit of heirship in Texas has been completed and notarized, an heir can file it with the probate court as part of their request.
The purpose of the affidavit is to prove that a particular person is a rightful heir to the decedent’s estate and to facilitate the transfer of ownership to the person listed in the affidavit. Together with declaring the rightful heir, an affidavit also states that the estate has been appropriately probated.
What Does an Affidavit of Heirship Texas Form Include?
An affidavit of heirship is composed based on the documentation that proves that a successor has the right to inherit the property. The documentation may include a death certificate, court order, and other legal documents that confirm the successor’s heirship rights.
The document contains a statement of fact that is confirmed by the applicant’s oath and signed by the heir representative. A notary public or another authorized official must verify the completed form.
Affidavit of Heirship vs. Small Estate Affidavit Texas
The two types of affidavits differ in terms of what property they transfer and who can be a qualifying heir. Here is the brief outline of the affidavit of heirship and small estate affidavit in Texas.
A Small Estate Affidavit in Texas
This affidavit type only transfers the title of the decedent’s homestead, and the potential heirs are only a surviving spouse or child. A small estate affidavit in Texas cannot settle the other types of real property belonging to the deceased person.
To establish ownership of the decedent’s homestead, the successors must list all the assets in the affidavit form, including the real property and its appropriate legal description. The judge must approve a completed small estate affidavit. After that, a certified copy of the document together with the approving court order must be filed with the real property records in the county of the property location.
An Affidavit of Heirship in Texas
This type of affidavit in Texas can be utilized to represent the heirs to real property when the decedent dies without leaving a will. An affidavit of heirship applies when the estate consists predominantly of real property titled in the decedent’s name.
The significant feature of this affidavit is that it does not transfer title to real property. Nevertheless, according to Texas Estates Code 203.001, the document witnesses the property after being on file for five years. It creates the chain of title transfer to the decedent’s successors.
The Affidavit of Heirship Texas Requirements: 2022-2023
The general format for the Texas affidavit of heirship is established by Estates Code Section 203.002. However, it contains only recommendations, whereas strict compliance is not necessary.
We offer an affidavit of heirship Texas form sample to familiarize you with the typical completion standards. The common rules formulated by a title company for 2022-2023 include the following:
- You must start executing your affidavit not earlier than six months after the decedent’s death.
- Furnish a decedent’s death certificate to the title company.
- The form must be signed by two disinterested parties knowledgeable of the decedent’s family history. These witnesses must have known the deceased for at least ten years and must not receive any benefit from signing the affidavit.
- The affidavit must bear the signature of the affiant and must be executed by all adult heirs.
- The Texas affidavit of heirship needs to be notarized.
The witnesses signing the affidavit must also swear the following conditions are met:
- They knew the deceased and their family;
- The decedent did not have any debts;
- They are familiar with the true identity of the family members and heirs;
- They can confirm the date and place of the decedent’s death;
- The witness doesn’t have any financial gains from the estate.
How to Notarize a Texas Affidavit of Heirship Online
You can avoid the hassle of visiting a notary public personally by utilizing PandaDoc remote notarization service. PandaDoc provides online notarization services by a state-approved notary who can certify your document in several minutes.
Step 1: Download a free template
PandaDoc offers the Texas affidavit of heirship form that you can complete with several clicks. Ensure that the person who completes and signs the affidavit (the affiant) is a disinterested third party. The affiant must have sufficient knowledge to affirm the heirs’ relationship to the deceased individual for the purpose of property transfer.
Step 2. Fill in the Document
Provide the required information and fill out the form making sure there are no mistakes. You may follow the recommendations given below. Once you’re ready, add your e-signature and proceed to online notarization.
Step 3 Notarize your affidavit
You must sign the document in the presence of a notary public and submit it with a copy of the death certificate. The online notarization tab lets you certify your affidavit remotely with a state-approved notary without leaving your home or office. The process is done via a live video session.
Step 4. Download or Share
Once the video session is over and the notary completed the document, you can download your notarized Texas affidavit of heirship form. You can also send it to other parties interested or print out as many copies as you need.
How to Fill Out an Affidavit of Heirship Texas?
To optimize the affidavit of heirship completion for you, we will walk you through the main steps of the process. Here is the list of the facts and data that need to be present in the affidavit:
- All heirs of the estate;
- Your name and address;
- Your relationship to the deceased person;
- The duration of the relationship;
- Names of all spouses and the dates of marriage, divorce, and death (if applicable);
- Names of all children and the dates of their marriage, divorce, and death (if applicable);
- Names of all grandchildren and the dates of their marriage, divorce, and death (if applicable);
- Names of parents and the dates of their marriage, divorce, and death (if applicable);
- Name of all brothers and sisters and the dates of their marriage, divorce, and death (if applicable);
- Name of all nieces and nephews and the dates of their marriage, divorce, and death (if applicable).
Texas Affidavit of Heirship for a Motor Vehicle
According to the Texas rules, the successors of a person that has passed away can use an affidavit of heirship for motor vehicles. This document applies if a decedent didn’t leave a will or a will does not need a legal administrator. The heirs must complete the Texas affidavit of heirship for a motor vehicle to claim the titles of the decedent’s vehicles. Further, they need to file the form with the Texas Department of Motor Vehicles. In order to qualify for the affidavit, the total estate value should not exceed $75,000. The affidavit is regulated by Tex. Est. Code § 205.
To transfer the title and register a vehicle, you will need an affidavit of heirship Form VTR-262. Each of the heirs must sign the form or fill out individual affidavits of heirship. Whether you compose a single or separate document, all of them must be notarized.
What is an affidavit of heirship in Texas?
A Texas affidavit of heirship identifies heirs to an estate if the owner died without a will. The document allows for avoiding the probate proceedings if the estate consists predominantly of real property and is titled in the decedent’s name. The legal consequences of the affidavit of heirship include updating the Texas property records and the property tax records to transfer the property from the decedent to the heirs at law without probate.
How to get an affidavit of heirship in Texas?
The most convenient, fast, and easy way to get a Texas affidavit of heirship is to download the form online. At PandaDoc, you can obtain your form for free as well as to fill out and notarize it, all in one place.
Who can fill out an affidavit of heirship in Texas?
The individual who completes the affidavit of heirship is referred to as the affiant. This person must neither be an heir nor obtain any benefit from the estate. An affiant must know the deceased person and be aware of their family history.
Who can sign an affidavit of heirship in Texas?
An affiant and two disinterested witnesses must sign an affidavit of heirship. The disinterested witnesses are third parties familiar with the deceased and their family history and are not supposed to obtain any financial benefits from the estate.
Who can file an affidavit of heirship in Texas?
Once the affidavit of heirship has been completed, signed, and notarized, it must be filed with the county clerk of the counties where the passed-away person resided or owned property at the time of death. A successor or an heir of the deceased should file an affidavit of heirship.
What happens after the affidavit of heirship is filed in Texas?
After successors file the affidavit of heirship in Texas, the document must be recorded with the county’s real property records. Once this procedure has been completed, the heirs legally become the new property owners. Correspondingly, they obtain the right to sell or transfer the property. The deed commonly used for property transfer in this situation is a General Warranty Deed.