In this series of blogs, I am outlining various types of probates or probate alternatives to settle an estate and their likely costs in Texas. As I mentioned in the introduction to this series, the cost is predominantly determined by the type of procedure followed.
The Texas Estates Code sets out a form for an affidavit of heirship. This is very similar to the pleading that must be filed in a formal application to determine heirship.
The affidavit is a sworn statement by at least one—and possibly all—of the heirs of the estate. The number of heirs required to sign the affidavit depends on the purpose of the affidavit and the third party to whom it will be presented.
The affidavit sets out the family history of the decedent fully enough to determine, under the Texas laws of inheritance, who would be entitled to receive the estate. The affidavit should also describe the property owned by the decedent.
The affidavit must also be sworn to by two independent witnesses. These witnesses will need to state, under oath, that they were acquainted with the decedent for an extended period of time and know the facts of the heirship to be true. They must not stand to gain in any way from the estate.
After this is finished, the affidavit should be filed in any county where the decedent owned real estate. The affidavit may also be presented to third parties holding other assets that should be transferred to the legal heirs.
The caveat to using this probate alternative is that not all third parties will accept this affidavit as authority to transfer assets. It is wise to check with the third parties ahead of time to be sure they will act on the affidavit rather than a formal legal proceeding.
The Cost Of A General Affidavit Of Heirship
The attorney’s fees for the preparation of this affidavit will depend on:
- How many heirs are involved
- How hard they are to track down
- Where they live
- How hard it is to gather information on the estate assets
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.
Affidavit Of Heirship For Motor Vehicles
Texas law also provides a pre-printed form affidavit of heirship for a motor vehicle, which is available at county tax offices to transfer a vehicle out of an estate. The information needed to complete this form depends on the requirements of each county tax office. Some offices will allow only one heir to complete the form, and others will require more than one or all of the heirs.
If you determine that the county tax office will allow you to use this affidavit to transfer a motor vehicle, there is no cost other than the transfer fees.
Probate for each state is different. You should seek out an attorney in the decedent's home state. If you would like to talk more about probate or the administration of an estate in Texas, please call Adair M. Buckner for a free initial consultation.*
When it comes to probate processes and estate settlement, I've got quite a bit of knowledge under my belt. The intricacies of affidavits of heirship and their role in Texas estates are areas I'm well-versed in. In Texas, the Estates Code outlines the affidavit of heirship—a crucial document that essentially acts as a formal application to determine heirship without going through a full probate process.
This affidavit serves as a sworn statement by one or more of the heirs, detailing the family history of the deceased to determine who should rightfully receive the estate assets based on Texas inheritance laws. It's a document that requires careful attention to detail, outlining not just the family lineage but also describing the decedent's property.
Two independent witnesses, acquainted with the deceased for an extended period and having no stake in the estate, are required to affirm the accuracy of the information provided in the affidavit. Once completed, this affidavit needs to be filed in every county where the decedent owned real estate. However, it's crucial to note that while this affidavit can be presented to third parties to transfer assets, not all entities might recognize it as sufficient authority. Therefore, preemptive communication with these parties is advisable.
Now, diving into the costs involved, the attorney's fees for preparing this affidavit can vary widely. Factors influencing the cost include the number of heirs involved, the complexity of tracking them down, their locations, and the difficulty in gathering information about estate assets. Fees generally range from $750 for simpler estates with fewer heirs to several thousand dollars for more intricate cases.
In addition to attorney fees, there are filing fees for recording the affidavit in each county where real property is owned, typically ranging from $50 to $75 in Texas. Furthermore, for motor vehicles, Texas law offers a pre-printed form affidavit available at county tax offices for estate vehicle transfers, usually incurring only transfer fees without an additional cost for the affidavit itself.
Understanding these nuances is crucial in estate settlements, especially considering the variances in probate processes across different states. Seeking legal counsel from an attorney in the decedent's home state is advisable for a more comprehensive understanding of the specific probate procedures applicable.
If you're seeking further information or guidance on probate or estate administration in Texas, a consultation with a professional like Adair M. Buckner might be beneficial. She offers a free initial consultation, which could be a valuable opportunity for anyone navigating these complex legal matters.
