An affidavit of heirship is a sworn statement that identifies the heirs of someone who died, often without a will. It is used in some places to help transfer property without full probate.
What it contains
- Name and details of the deceased.
- Date and place of death.
- Family history, such as spouse and children.
- Whether debts and taxes are paid.
- Signatures of witnesses with personal knowledge, notarized.
Where it is used
Some states allow affidavits of heirship to support transfers of real estate or small accounts, and some use similar small estate affidavits. Rules and dollar limits vary. Financial institutions have their own requirements.
Limits
- It does not substitute for probate where probate is required.
- It must be truthful, since false statements can be criminal.
- It may not resolve disputes among heirs.
- Title companies may not accept it.
Steps
- Check your state's small estate and heirship rules.
- Gather death certificates and family information.
- Complete the form before a notary.
- Record it where required.
- Consult a probate attorney if there are issues.
Frequently asked questions
Is it the same as a will?
No. It identifies heirs.
Who signs it?
Usually someone with personal knowledge of the family history.