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an affidavit of worship is only as good as a  witnesses so you don't want someone i just met   them six months ago or a year it'd be great  because i need to see most of their life or   i need to see for 20 30 years he married so and so  on such and such day there were no other marriages   he married her on such day they  had the following children [Music]   hey guys we're back here i'm dave pennell i'm  back here with sal and he's going to talk about   the affidavit of airship if you have just a  few heirs or if everybody that is an airship   or the best way to say that if they if  there's no contestant of the will i want to   have sal talk about what's the best way to  do that right well texas law provides for a   very simplified way for title companies to  uh rely on establishing chain of title and   an airship they're called affidavits of airship  they're allowed under the texas state code   essentially texas law allows there's even a form  um that texas law provides under the texas state   code essentially you have two witnesses i swear  under oath as to the family and marital history   of a decedent the person that dies so when someone  dies without a whale they die what they call in   texas intestine right now title companies a lot of  them also require an interesting witness so let's   say a title company may require the spouse or a  child of the decedent to also sign the affidavit   along with two disinterested witnesses now  title companies obviously want proof of debt   so you'll have to have the death certificate to  bring to the title company so here's an example   let's say you're married your spouse dies you have  a property you either want to establish title on   the property to yourself and then you also want  to sell it so if that's all you want to do and   there's no debts left other than like i said maybe  the mortgage on the house you can do an airship   affidavit and an airship affidavit like i said  two witnesses and you want someone that's familiar   with the marital and family history and they want  to be disinterested right so disinterested means   they're not going to gain under the transaction  right in other words i'm not going to receive   anything under the estate so it could be a  neighbor it could even be an in-law you know   let's say uh you know it could be a cousin-in-law  uh an animal someone that's not gonna take under   the estate right and basically what they swear  is i have personal knowledge of these facts   on you the decedent and it's usually good  that they knew for a long period of time right   an affidavit of worship is only as good as  a witnesses so you don't want someone i just   met them six months ago or a year it'd be great  because i need to see most of their life where   i need to see for 20 30 years he married so and so  on such and such day there were no other marriages   he married her on such day they had the following  children and then texas law is pretty easy if all   of the children are the same marriage under texas  community property laws and texas laws of descent   and distribution all of the property passes to the  surviving spouse so that's that's the easy example   right and so then that affidavit of airship  obviously you're doing this under oath under   penalty of perjury it's very serious matter and  then that affidavit of airship is prepared it's   executed signed in front of a notary public most  title companies like ours have no republics and   then that affidavit of airship is recorded  in the county where the property is located   and that establishes the china title from the  decedent in this case for the surviving spouse   now let's say both mom and dad have died and all  you have are their children well then you need   two affidavits of airship and they die without  a will one for the dad and one for the mom and   you list all the children now if they're children  by prior marriages then um the way that works is   you still do the affidavits of airship but under  the texas laws of descendant distribution then uh   the community property is state of the decedent  then 50 passes to the surviving spouse and then   50 passes to all the children of that person so  if i'm john smith married to mary smith and i   have children by prior marriage if john smith dies  then 50 of his community property state passes to   his surviving spouse mary smith and all of the  children that he's had whether children with   mary smith or any other marriage and so that's how  an affidavit of airship works and it's a very easy   way to establish chain of title and most title  companies accept them and of course we have our   requirements as to what's a good affidavit or  issue because some affidavits of worship that   are done by non-attorneys are not very good they  either omit some of the family history or the omit   the description of the legal property the real  property uh and they're really not that good so   an affidavit of worship is only as good as the  witnesses and it's only as good as the facts   in the affidavit of airship and all it does is  establish a presumption of airship and and so what   that means is uh you're not having to go to court  to prove that these are the heirs of the deceit   okay nice um and just to say it again i said  in the last videos that we if it's a simple   process and we are listing the property or if  i'm representing the buyer to buy the property   we are going to take care of those fees for them  on that so most other companies won't charge that   much i mean affidavits of depending on complex  can range anywhere from 250 to 500 it's a a you   know not a complex situation if it gets a little  bit trickier and you have to go hunt down people   to be witnesses then obviously uh you know the  costs may go up a little bit well we've done that   in the past too we hung them down so we do some  light work for them what's the best way for them   to contact you where are you located south again  you can contact the train title of texas norfolk   office and law office of salas fino at 1205  north main street forward texas seven six one