An affidavit of inheritance can be used in parts of the US, like Texas, to avoid probate and transfer ownership of real estate quickly to heirs. The document must be signed by two people with personal knowledge of the deceased’s estate, and notarized before filing with the county land registry office. The heirs assume ownership of the property and have the right to sell or keep it.
An affidavit of inheritance is a legal document that can be used in parts of the United States, including Texas, to avoid probate. Ownership of real estate can pass quickly to the heirs of the deceased using this method. The affidavit can be used in situations where a person has died without leaving a valid will and where most of the assets that make up the estate are real estate.
The affidavit must be signed by two people who have personal knowledge of the deceased’s estate, but are unable to derive anything financially from it. Each person who signs the estate affidavit swore under oath that they knew the deceased. The date and place of death are listed on the form, along with the names of deceased family members and legal heirs.
The marital history of the deceased, including the name of the spouse, the date of the marriage and the date the couple divorced or the date of death of the spouse are listed on the form. The name and current address of the deceased’s living children must be provided on the estate affidavit form. If the deceased was never married and had no children, the names of the deceased’s parents are listed.
Individuals executing the estate affidavit also swear that the deceased was free of debt at the time of his or her death. The two witnesses are required to clearly indicate that they will not benefit financially from the estate of the deceased. The signed and notarized document is filed with the county land registry office.
For the affidavit of inheritance to be legally binding, it must be signed before a notary. A notary is a person who has the authority to take oaths and act as an official witness. It is also up to the notary to confirm the identity of the deponents who will sign the deed of notoriety by asking to view an identity document before signing the document. Acceptable forms of identification will include a picture, a physical description of the individual and a signature. The notary also dates and signs the document and puts an official seal on the affidavit to complete his official duties.
Once this step is completed, the heirs of the deceased assume ownership of the property. The declaration of succession filed gives the heirs the right to sell the property if they wish. New owners may also choose to keep the property for their own use.
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