The affidavit must be signed by a disinterested third party, most commonly, a witness who knows the decedent and is not an heir to the estate. The heirs of the decedent must be in agreement on how the property should be distributed. in order to appropriately distribute the person’s property. Its function is to present all known information about the decedent, including all known family relations such as spouse, parents, children, siblings, nieces, nephews, etc. An affidavit of heirship allows family members to avoid the expensive and time-consuming process of settling the decedent’s estate in probate court. In some states, the affidavit of heirship can also be used to establish ownership of personal property, such as bank accounts and automobiles. This document is used to allow a spouse or family member to establish ownership of the person’s real property, such as a home or tract of land. Consequences of Not Having an Affidavit of HeirshipĪn affidavit of heirship is a document that identifies the heirs of a deceased person who died without a valid or enforceable will.When an Affidavit of Heirship is Needed.
To ensure no one takes advantage of the deceased’s death, an Heirship Affidavit must be signed by two witnesses who have no interest or stake in the matter.
An Affidavit of Heirship makes it possible for the deceased’s assets to be transferred to the rightful heir. (855) 335-9779 Monday-Friday, 9AM - 7PM EDTĪn Affidavit of Heirship is a legal document used to declare the legal heir of someone who died without a will.