What Is an Affidavit of Heirship?
An affidavit of heirship, also called an affidavit of inheritance, identifies a deceased person’s heirs when they die without a will. It helps simplify real estate and property transfers by avoiding the full probate process.
An uninterested third party must fill out this form. They must have known the deceased person, but they must not benefit from their estate. This person, known as the affiant, should include family details and a list of known heirs on the form. However, they cannot decide the division of assets; they leave it up to state inheritance laws.
Besides property transfers, this form can help claim bank accounts or settle insurance matters when there is no will. Legal Templates makes it easy with an affidavit of heirship form.
When to Use an Affidavit of Heirship
If the decedent didn’t leave any parting instructions in their last will and testament (or in a codicil to will), you can use an affidavit of heirship. It provides valuable information about your loved one’s family situation and heirs.
It establishes a connection between the deceased and the potential heirs, making title transfers, insurance payouts, and account acquisitions easier. It also proves and designates rightful heirs while avoiding the probate process.
You might also need an affidavit of inheritance if a decedent’s will expresses their intent to distribute their personal property but doesn’t say who will receive it. This document adds clarity and ensures the property goes to the appropriate family members.
How to Fill Out an Affidavit of Heirship
Filling out and creating an affidavit of heirship requires entering information about the deceased and their family or spouse. A third party who does not benefit from the inheritance creates this document. Write an effective affidavit with the following steps.
1. Record Affiant Details
State the name, date of birth, and address of the individual creating the form. Also, include whether the affiant is a relative of the decedent. Ensure the affiant has no personal stake in any part of the inheritance to maintain validity and objectivity.
2. Add Decedent information
Include the name, birthday, date of death, and location of death for the decedent. Providing these details verifies their identity and ownership of their estate. Also, include the address of their residence before their passing.
3. Select If There Is a Will
Select if the decedent did or did not have a valid will at the time of their passing. In most cases, an affidavit of heirship applies to situations without a binding will present. If they had a will in place, attach a copy to this affidavit as a supporting document.
If the deceased had a will, it qualifies as a testate estate, where the will dictates the division of assets. An intestate estate, or one with no will present, follows state intestacy laws to split assets among heirs using an affidavit or state legal process.
4. Describe the Estate
List any real estate, vehicles, money, or personal property the decedent owned. Provide a description and valuation of the property they held at the time of death. Include details such as the address of any properties and the year, model, and condition of any vehicles.
5. Provide Family Status
Mark whether the decedent was married and if they had any children. If applicable, include the spouse’s name and address and the length of the marriage. In addition, note any surviving heirs, including more distant relatives who may qualify as next of kin.
6. Include Notary and Witnesses
Record the county and state notarizing the document and governing the legal validity of the affidavit. Also include the signatures of one or more witnesses to the affidavit according to state requirements.
Legal Templates offers a printable affidavit of heirship form that allows you to enter the necessary details. Our tools make it easy to complete and file this document and access your inheritance.
Affidavit of Heirship Sample
View our free affidavit of heirship form for a sample with the necessary information and formatting. Available in a Word or PDF format.
How to File an Affidavit of Heirship Form
The process for filing an affidavit of heirship varies according to your state. Begin by checking your state requirements. The affidavit is usually filed with a local court or the county recorder’s office. Pay any applicable fees and give the completed and notarized document to the appropriate office. Once accepted, it goes into the official records and serves as evidence in property transfers and inheritance claims.
Can an Affidavit of Heirship Be Contested?
Yes, an affidavit of heirship can be contested. While the affidavit establishes heirs, it doesn’t always serve as the final determination. Other heirs, creditors, or individuals with claims against the estate can challenge this affidavit for several reasons, such as:
- Including inaccurate information
- Excluding potential heirs
- Not meeting legal requirements
- Suspecting fraud or coercion
- Pending debts or claims against the estate
The process for contesting an affidavit of heirship requires the contesting party to provide notice to the affiant and present suitable evidence of their claims. Then, the affidavit and affected parties may undergo a court hearing to determine the next steps and the validity of the affidavit or claims.
Alternatives to an Affidavit of Heirship
Depending on your situation, you can also expedite inheritance and property transfers with alternative methods. Consider an alternative to an affidavit of heirship, such as:
- Probate: A judge reviews and determines the distribution of the deceased’s estate through executing a valid will or court proceedings for cases without a will.
- Small estate affidavit: A surviving heir can file a small estate affidavit after the owner’s passing to claim property and inheritance that meets the state requirements of a small estate.
- Transfer on death deed: A property owner may create a transfer on death deed before their passing to authorize the transfer of their assets to a designated heir upon death.
- Living trust: Property owners can place their property or assets into a living trust during their lifetime to hold the assets and assign them to a designated family member or spouse at the time of death.
Frequently Asked Questions
Does an affidavit of heirship transfer a title?
An affidavit of heirship does not transfer the title of ownership. This document identifies who may have a claim to the property, but it does not officially transfer ownership or titles. Use a property deed, like a warranty deed, for official title transfers.
How much does it cost to file an affidavit of heirship?
The average cost to file an affidavit of heirship ranges from $20 to $50, depending on the county court filing fees. Other factors, such as whether you prepare the document independently or consult a legal professional, influence drafting and filing expenses.
Can I do my own affidavit of heirship?
You can create your own affidavit of heirship, but it’s important to follow state or county requirements. You also need an impartial affiant who is not a qualified heir to fill out the information on the document.
Where can I get a blank affidavit of heirship form?
Legal Templates offers a blank affidavit of heirship form with the proper spaces and format for you to add your necessary information. You can also use our tools to customize your form and create the required documents.
What happens if you don’t have an affidavit of heirship?
If you don’t have an affidavit of heirship, getting access to property or assets may prove more difficult. Without an affidavit, you may have to undergo the whole probate process, and others may contest your ownership.
Who can act as an affiant for an affidavit of heirship?
The affiant should be an individual with a good understanding of the deceased’s family history and connections. Direct heirs, beneficiaries, or creditors of the estate are not eligible to act as the affiant. Consider using a longtime family friend, non-heir relative, or legal professional who knows the family well.
