Two things must be true for an affidavit of inheritance to be used. That is, the deceased died without a will and the only property of the deceased at the time of death was real estate. The property must not have been in co-ownership and can only bear the name of the testator in the title. This type of property is called “estate property” and is not insured or sold until the deceased`s name is removed from the title. Of course, the only debts that exist in this situation must be secured by real estate. Specific information is required to determine the identity of the heirs according to the law of the heirs` property. If any of the information does not apply to your deceased, do not provide it when preparing the affidavit. This sample was created for a hypothetical deceased who was married twice. The first spouse died and the second marriage ended in divorce.
If the deceased had only one marriage, omit information about the second spouse. If the deceased was married three times, add a spouse. Securities companies usually provide their affidavit form free of charge or for a small fee if the situation requires it for a file they are closing. But the securities company`s lawyers do not represent you. If you have any questions about the affidavit they provide, you should consult a lawyer. If you want to sell a house complicated by the issue of inheritance, inheritance or lack of will after the death of a person, we can help. You can request a cash quote for your home here, and we can often help you with estate or inheritance issues that need to be resolved to sell the home. Yes, you can definitely work with a lawyer. However, any securities company that deals with the sale of the property determines what needs to be picked up by its policyholders. Therefore, they usually have their own affidavit prepared by their lawyers that meets their specific needs. Even if the testator had a will, an affidavit of inheritance can be used.
Reason? A will and a will are not self-executed with respect to real estate bequests. It is simply a declaration of intent by the deceased. The will must be implemented in some way, either through a formal probate procedure (filed within four years of death) or through a registered affidavit of the inheritance, the result of which is to record the identity and interests of the heirs. The information in this article is provided for general information and educational purposes only and is not provided as legal advice on which anyone can rely. The law is changing. Legal advice regarding your individual needs and situation is advised before taking legal action. Also contact your tax advisor. This company does not represent you unless it is expressly instructed to do so in writing.
An affidavit of inheritance must be filed with the property records of the county where the land is located. Call the county official and ask what the registration fee is. Registration fees vary from county to county. The first page usually costs more than other pages. A fee of $15 for the first page and $4 for each subsequent page is common. Ask if you can submit both affidavits in one document. In some counties, you can file both affidavits in one document if the descriptions of the deceased and the property are identical. It is less expensive than filing affidavits of inheritance than two documents. Clients sometimes ask their lawyer to prepare an affidavit about the inheritance, but have only partial information about the totality of the circumstances (events can go back decades) and are only in possession of part of the documentation about the property and its history. In such cases, it is helpful to begin the process by obtaining a securities company report that clarifies the current status of the security, as well as any claims, privileges, notices, and other potentially relevant matters recorded.
With a title report as a factual resource, the lawyer may have more confidence that the facts stated in the affidavit of inheritance are actually true and correct, making the affidavit less likely to be challenged later. Copyright © 2020 by David J. Willis. All rights reserved worldwide. David J. Willis is certified by the Texas Board of Legal Specialty in residential and commercial real estate law. For more information, visit his website, www.LoneStarLandLaw.com. Once the affidavit is registered, the heirs are identified in the property records as the new owners of the property.
After that, the heir(s) can transfer or sell the property if they wish. A properly prepared Texas Inheritance Affidavit should include the following information: The affidavit of inheritance can only be effective if it has been filed with a notary and signed by 2 people who are not beneficiaries of the deceased`s estate. Each of the 2 witnesses can be a person who knew the deceased or a family member who has no interest in the property. Witnesses must swear that, based on what they personally know about the deceased and his family, the persons listed in the document are in fact the heirs of the deceased. When filing an affidavit of inheritance, a depositor argues that the named heir(s) now have full rights to certain properties. It makes sense to defend this case as decisively and convincingly as possible. If you do a Google search for “Texas Affidavit of Heirship Form,” you`ll find free forms to download, including the two forms below. Keep in mind, however, that these standard forms may not meet the specific requirements of the securities company you are working with.