Affidavit of Heirship: Purpose, What's Included

ContractsCounsel has assisted 40 clients with affidavits of heirship and maintains a network of 17 estate planning lawyers available daily. Customers rate lawyers for affidavit of heirship matters 2.33.

When someone passes away with a valid will, each heir’s inheritance is determined in terms of the will. When a person passes away without a will, however, it can be challenging to determine who the decedent’s heirs are.

In this case, the affidavit of heirship plays a vital role. It helps to establish who the decedent’s heirs are and how their assets should be distributed. But how does the affidavit of heirship work and what information should it contain.

In this post, we’ll look at the affidavit of heirship in more detail.

What is an Affidavit of Heirship?

An affidavit is a written statement given under oath and verified, usually by a notary, that provides facts that can be used as evidence in court.

So, an affidavit of heirship is an affidavit where the person providing the affidavit, the affiant, provides detailed information about a deceased person's heirs – or the people who inherit the deceased person’s estate. In this affidavit, the affiant must include the name, age, and address of all the deceased's living relatives and if a relative has passed away, the affiant must provide the name and the date of death of that relative.

Here is an article about affidavits of heirship.

Purpose of an Affidavit of Heirship

When someone passes away without a will, their heirs may need to open a probate court case in order for the title of the properties in the estate to pass to them. Although the requirements vary depending on the county that the probate court is in, an heirship affidavit should be filed in every probate case to provide the court with the necessary information on the decedent's heirs.

These affidavits are generally used when a person dies without a will but only has real property, personal property or had a small estate. It is important to note that, in some states like California, a small estate affidavit is used rather than an affidavit of heirship.

By providing this information, the heirship affidavit helps the court to designate the assets of the decedent by providing the age and location of a decedent’s heirs.

An affidavit of heirship is a good option to handle an interstate state when the:

• Heirs can identify themselves as the decedent’s lawful heirs.
• They want to take possession of the estate without going through the entire probate process.
• The heirs have agreed on how the estate should be distributed amongst them.
• There is a third party who can verify the heirs’ rights to the deceased's estate.

Ultimately, the affidavit of heirship speeds up the probate process by providing all the relevant details of the relatives, and heirs can avoid the time and expense necessary to handle the intestate estate.

Here is an article about the purpose of an affidavit of heirship.

Steven S.

Michael S.

Benjamin W.

Sara S.

What’s Included In An Affidavit of Heirship

The affidavit of heirship must contain the following information:

• The details of the affiant . The affiant is the person swearing to the facts in the affidavit. It's important to note that the affiant can't be an heir of the decedent as this would result in a conflict of interest. In other words, when the affiant is an heir of the decedent, it might give the affiant reason to lie in the affidavit.
• The decedent’s details . The decedent is the person who has passed away without a will. It's this person’s heir’s that is named in the document by the affiant.
• The decedent’s marital status . If the decedent was married, it's necessary to provide full details of every spouse, when the marriage was terminated, and why the marriage was terminated.
• Details of the decedent’s children . Full details need to be given about the total number of children the decedent had, including both children born to the decedent and those who were adopted. For every child, full details need to be provided, which include:
  • Name of the child
  • Date of birth of the child
  • Name of the child's other parent, and the
  • Child's address.

  If the child is already deceased, the date of death should be provided.

  • Details of the decedent’s other relatives . If the decedent has no living spouses, children, or grandchildren, details need to be given about the decedent's father, mother, brothers, or sisters. If there are none, the names of any other living relatives. It’s worth noting that friends of the decedent are typically not heirs, but if the decedent named a friend to inherit property, then the details of such a friend can be included.
  • Details of the decedent’s real estate and other property . If there is any property that needs to be transferred to the decedent’s heirs, full details of the properties should be given. Likewise, if the decedent isn't transferring any properties or assets to the hairs, this information is not necessary.

  Apart from the information above, information can also be provided about the decedent’s debts and liabilities.

  The affidavit of heirship, once completed, must be signed and a witness must witness the signature. It's also necessary that a notary public witness the signature of the affidavit. Once the affidavit is completed, signed, and notarized, it needs to be filed with the appropriate court or county recorder's office depending on whether real estate is involved.

  Once this is done it creates a record of the decedent’s heirs which can speed up the estate settlement process.

  Here is an article about what’s included in an affidavit of heirship.

  

  Image via Pexels by Vidal Balielo

  Who Needs an Affidavit of Heirship?

  Because the affidavit of heirship can establish who legal heirs of the decedent are, what property the decedent left behind, and how the assets of the decedent should be distributed, heirs need an affidavit of heirship in the event that the decedent passed away without a will.

  Also, because it speeds up the probate process and can be executed without involving the probate court, it’s even used in some cases where there is a will.

  Get Help With An Affidavit of Heirship

  Whenever someone passes away without a will, an affidavit of heirship plays a crucial role in identifying all of the decedent’s heirs. It could, however, be complicated, especially for laypeople to prepare on or know what information it should contain.

  Fortunately, estate planning lawyers and probate lawyers have the knowledge and experience to give advice and help where necessary. For more information on estate planning and probate lawyers, visit our website for more details.

  ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.

  Need help with an Affidavit of Heirship?

  Create a free project posting Draft Contract Review Contract Clients Rate Lawyers 4.9 Stars based on 12,136 reviews

  

  

  Meet some of our Affidavit of Heirship Lawyers

  Brian W.

  Business & Immigration Attorney Free Consultation Member Since:
  May 18, 2023

  Brian W.

  Business & Immigration Attorney Free Consultation Texas or Alabama 1 Yr Experience Licensed in AL Texas Southern University

  As a licensed AL lawyer with over 7 years of experience in the legal field, I have spent more than 15 years working in the business and finance sector. I am deeply passionate about immigration, contracts, & my expertise spans a wide range of projects. From handling ICOs & IPOs to navigating VCs, SaaS, OnlyFans, Wholesaler & Manufacturing Agreements, Prenups, Movie Finance, M & As, Visas, Green Cards and more. I have a comprehensive understanding of various contractual needs. Whatever your contract requirements may be, feel free to reach out to me—I can craft or work on any contract with precision and expertise.

  Jane C.

  Free Consultation Member Since:
  October 9, 2020

  Jane C.

  Free Consultation 19 Yrs Experience Licensed in CT, DC, NY Pace University School of Law

  Skilled in the details of complex corporate transactions, I have 15 years experience working with entrepreneurs and businesses to plan and grow for the future. Clients trust me because of the practical guided advice I provide. No deal is too small or complex for me to handle.

  Samuel R.

  Free Consultation Member Since:
  October 2, 2021

  Samuel R.

  Free Consultation Phoenix - Arizona 5 Yrs Experience Licensed in AZ, PA, UT Widener University Delaware Law School

  My career interests are to practice Transactional Corporate Law, including Business Start Up, and Mergers and Acquisitions, as well as Real Estate Law, Estate Planning Law, Tax, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Mergers & Acquisitions, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the 2024 Super Lawyers Southwest Rising Stars list. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing.

  Craig M.

  Free Consultation Member Since:
  August 2, 2021

  Craig M.

  Free Consultation 8 Yrs Experience Licensed in ME New York Law School

  I have been practicing law for more than 7 years in Maine and have owned my law practice, Dirigo Law LLC, since 2020. My practice focuses mostly on Real Estate / Corporate transactions, Wills, Trusts, and Probate matters.

  Melissa G.

  Managing Attorney Free Consultation Member Since:
  August 5, 2021

  Melissa G.

  Managing Attorney Free Consultation 20 Yrs Experience Licensed in DC, IL, MI, OH University of Michigan

  My name is Melissa “Mel” Green and I provide legal counsel to entrepreneurs, start-ups, and small businesses that is clear, concise, and focused on the practical impact of decisions. As trusted legal counsel, I proactively identify risks, and develop effective, practical solutions that protect my clients businesses, create positive outcomes, and help mitigate legal exposure. My areas of expertise include business formation, contract law/commercial transactions, healthcare law, and intellectual property. I also provide services as an outside general counsel or “fractional general counsel”. Prior to starting my own law firm, I spent the majority of my career in-house at large and small corporations, both for profit and not-for-profit, working with senior and executive management, in addition to other stakeholders at a variety of management levels. to proactively identify and address risks, mitigate legal exposure, streamline processes, lead persuasive negotiations that are integral to ensuring positive outcomes for the organization, and deliver hands-on, spectacular client service. There came a time when I realized that individuals and smaller entities were not receiving the same level of legal support and guidance as mid-size to large companies and as a result, individuals and small businesses were not growing and sustaining on the same level. I wanted to use my expertise to provide those that were underserved by the legal market with competent counsel at an affordable price. With the increasing number of new businesses, I knew that I could make a difference to those that needed legal guidance but were putting it off in fear of “Big Law” prices. I love to “partner” with my clients, get a deep understanding of their business, develop lasting professional relationships and watch them prosper. I want to find a way to help my clients maximize the reach, value and impact of their business. Services that I have provided over the course of my career: (i) reviewing, drafting and negotiating commercial agreements (leases, MSAs and SOWs, consulting services agreements, confidentiality agreements, SaaS agreements, coaching agreements, independent contractor agreements, coaching agreements, photographer agreements, waivers and releases, licensing agreements, etc.), (ii) business formation (operating agreements, written consents, bylaws, etc.), (iii) preparing policies and procedures for businesses in highly regulated industries, (iv) conducting federal trademark searches and filing trademark applications/preparing trademark opinion letters after conducting appropriate legal research, and (v) general business counsel.