FREE 20+ Affidavit of Heirship Samples in MS Word | Google Docs | PDF

The term ‘heir’ refers to an individual who is the surviving family member of a certain person who dies which are generally close family members such as children, grandchildren, or parents. When an individual passes away without a last will and testament, the state intestacy law will determine who will be the heirs and who will inherit the deceased person’s assets. An affidavit of heirship is a legal document that provides information about the heirs of someone who passed away. Other types of affidavits that an individual can use include the affidavit of adverse claim, affidavit of ownership, affidavit of explanation, affidavit of acknowledgment, and affidavit of waiver.

20+ Affidavit of Heirship Samples

1. Affidavit of Heirship Real Estate Template

2. Sample Affidavit of Heirship Template

3. Bank Affidavit of Heirship Template

4. Affidavit of Heirship for House Template

5. Affidavit of Heirship Form Template

6. Affidavit of Heirship Template

7. Estate Affidavit of Heirship

8. Affidavit of Sole Heirship

9. Affidavit of Legal Heirship

10. Affidavit of Heirship for Motor Vehicle

11. Affidavit of Heirship for Boat

12. Editable Affidavit of Heirship

13. Simple Affidavit of Heirship

14. Affidavit of Heirship Format

15. Decedent Affidavit of Heirship

16. Affidavit of Heirship Agreement

17. Office Affidavit of Heirship

18. Affidavit of Heirship Sample

19. Affidavit of Death and Heirship

20. Affidavit of Beneficiary Heirship

21. Formal Affidavit of Heirship

What is an Affidavit of Heirship?

An affidavit of heirship is a written statement provided by an affiant that includes the name, age, and address of all the relatives of an individual who died. This affidavit letter is created and filed for each probate case to give the court the relevant information about the heirs of the deceased. Heirship refers to the legal right of someone to receive money, possessions, or properties from a close relative who passed away. However, heirship affidavits are used when the person who died has no will but real property, personal property, or small estate.

How to File an Affidavit of Heirship

An heirship affidavit is a necessary document to transfer the properties of a deceased person. This document must be signed and sworn while being witnessed before a notary public by an individual who knew the deceased and their family history which can be a friend of the family or the family’s neighbor. It can be filed with the real property records within the country where the property is located.

Step 1: Provide Information About the Involved Parties

Start by providing the names and addresses of all involved parties. The common terms you can find in this document are the ‘affiant’ which refers to the individual who swears to the facts indicated in the affidavit and the ‘decedent’ which is the person who passed away.

Step 2: Indicate the Appointed Representative

Indicate whether an administrator or a personal representative has been appointed to supervise the decedent’s estate or real property. This also applies to the question of whether or not the decedent has left a will. Once a person is appointed, provide their name and address in the affidavit.

Step 3: Identify the Decedent’s Heirs

You have the option to include information about the decedent’s spouse, children, and other heirs. The friends of the decedent are not usually considered their heirs but if they are named heirs by the decedent, they can try to get the court to accept them.

Step 4: Include a Real Estate and Personal Property Sections

The section for the real estate and personal property of the decedent is utilized to express the intention of using the affidavit to transfer the property to the decedent’s heirs. You can include multiple pieces of real estate properties in an affidavit of heirship as long as they are all in the same county. Otherwise, separate affidavits will be required for each property that is located in a different county.

FAQs

When a person dies and leaves behind real properties but without a will, an heirship affidavit can be used to transfer the property to their heirs at law. The requirements for this affidavit vary based on the county the probate court is located. An affidavit of heirship includes information about the affiant and the decedent’s information, marital status, details on their children, other relatives, and real estate and other property. Other types of affidavits that both businesses and individuals can use are the affidavit of identity, affidavit of confirmation, and affidavit of desistance among others.