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What is an warship affidavit?

An warship affidavit is a sworn statement used to establish ownership of property when the original owner dies intestate and the estate isn't worth more than a statutory amount. ... An affidavit of warship should be duly signed by individuals who have personal knowledge about the decedent's real property.

How does an affidavit of warship work?

It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate). ... The legal effect of the affidavit of warship is that it creates a clean chain of title transfer to the decedent's heirs. An affidavit of warship should be signed by two disinterested witnesses.

What happens when you file an affidavit of warship?

An affidavit of warship can be used when someone dies without a will, and the estate consists mostly of real property titled in the deceased's name. It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate). ... It does not transfer title to real property.

How much does an affidavit of warship cost?

The price of the Affidavit of Warship is $500. This price includes the attorneys' fees to prepare the Affidavit of Warship and the cost to record in the real property records. You can save $75 if you record the Affidavit of Warship yourself.

Why do I need an affidavit of warship?

Purpose of an Affidavit of Warship When Your Spouse Dies without a Will. An Affidavit of Warship is generally used when a person dies without a will and leaves behind only real property. Its purpose is to name the heirs of the deceased, known as the decedent, and establish ownership of the decedent's property.

Who can fill out an affidavit of warship?

1. This form should be completed by someone other than an Heir. This person should be someone who is familiar with the family history of the deceased (decedent), and who will obtain no benefit from the Estate. The person who fills out the form is referred to as the AFFINE.

How much is an affidavit of warship?

A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of warship as one document. Some counties let you file the two affidavits of warship as one document if the decedent and property descriptions are the same.

How much does it cost to file an affidavit of warship?

The price of the Affidavit of Warship is $500. This price includes the attorneys' fees to prepare the Affidavit of Warship and the cost to record in the real property records. You can save $75 if you record the Affidavit of Warship yourself.

How do I file an affidavit of warship in Texas?

The affidavit of warship must be filed in the records of the county in which the property is located. Filing fees and rules vary from county to county. In some, you'll have to provide extra copies of the affidavit and a self-addressed, stamped envelope. Others include the cost of copies and postage in their fees.

Does an affidavit of warship transfer title in Texas?

The legal effect of the Affidavit of Warship is that it creates a clean chain of title transfer to the decedent's heirs. Title companies will require clean title to insure property for sales, and most real estate and title companies in Texas will accept Affidavits of Warship.

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