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Affidavit of Heirship Form
What Is an Affidavit of Heirship?
An Affidavit of Heirship is a document that allows defining the presenсe of the inheritors of a deceased person who has not left an enforceable will. This document should be completed as well if more than four years have passed since the death of an individual.
Family members of the deceased can use an Affidavit of Heirship to establish ownership of the person's real property.
How to Obtain an Affidavit of Heirship?
An Heirship Affidavit must be completed by an affiant, a person, who is familiar to the family of the deceased and knows the marital history of this person. An affiant should not be an inheritor of the decedent and should not claim any benefits from their estate. This document has to be signed and sealed by a notary.
A free Affidavit of Heirship template can be downloaded through the link below.
How to Fill Out an Affidavit of Heirship?
An Affidavit of Heirship Form should be filled in as follows:
- The applicant should enter information about the decedent, such as their name and address.
- The filer must indicate their name, address, relationship to the deceased, and the period during which they knew this person. Enter their date of death, place of death, and residence at the time of death.
- Provide information about the existence of the enforceable will of this individual, indicate the presence of debts owed by their inheritance, and procedural actions concerning the estate of this person.
- If the decedent was married, enter their date of marriage, the name, address of their spouse, and the date of their death if it is applicable. In the case of divorce, enter its date.
- Provide information about the natural children of the deceased. Enter the name of each child, their current address, date of birth, name of the other parent, and the children's date of death. Enter information about the adoptive children of this individual, including the date of adoption.
- If there are any grandchildren, born to the indicated natural or adoptive deceased children, provide information about them, including their deceased parent's name.
- If the deceased has never been married or did not leave any descendants, provide information about their parents, brothers, and sisters. Enter personal information regarding each relative.
- If the applicant does not know any survived relatives among the specified ones, they must provide information regarding the nearest surviving relatives of this individual and indicate their relationship to the deceased.
- The affiant must sign this document and enter the indication date.
Send the completed Affidavit of Heirship to the county where the deceased owned their property for recording. The applicant must request the County Clerk to return the recorded document for verification purposes.
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