Definition Of Affidavit Of Heirship?


When a person dies, it’s important to transfer their real property and personal property as quickly as possible. However, in some cases, individuals die without a will. To help with the process of transferring property, an Affidavit of Heirship can be used.

Death Without A Will

When someone dies with a will that states how property should be distributed, it makes the transfer of property easy. The last will and testament of an individual governs how their property should be handled after they pass away. The process of transferring property gets more difficult when a person has not created a will.

When there is no will to refer to, many individuals end up going to probate court to determine how property is going to be distributed. Fortunately, that time-consuming and expensive process can be avoided if an Affidavit of Heirship is used. This document can be used to transfer property when a person has not made a will before they died.

Affidavit of Heirship And Family Relationships

Basically, an Affidavit of Heirship is like a family tree. It lists the deceased at the top and that person’s descendants below. When this form is completed by an individual who is related to the deceased, they would fill in the following information:

– Their name
– Their address
– Date of death
– Place of death
– Marital history

The Affidavit of Heirship can be used by family members like brothers, sisters, children, parents and even nieces and nephews.

Must Be Witnessed By A Notary Public

When an Affidavit of Heirship is used, a nonrelated person who is a Notary Public must witness the signature of individual who created the document so that their signature can be validated. The document will also receive a notary seal.

Filing With A County Clerk

Once the Affidavit of Heirship has been completed and given a notary seal, the document must be filed with a County Clerk in their jurisdiction. After this has been completed, there is a record in a court that shows the individual as an heir to the deceased, which will help quicken the settlement of the deceased’s estate.

If the descendants of a deceased person can agree on the distribution of property in an estate, this document makes it much easier to transfer that property when the deceased has not created a last will and testament.