Heirship Affidavits - What Is A Heir

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What is an Affidavit of Heirship? Heirs Property

When a person dies without leaving a last will and testament (intestate), failing to dispose of personal or real property, there’s a need to administrate these assets and legally distribute them among the heirs of the deceased. The decedent’s surviving family members should declare their right of inheritance by filing an affidavit of heirship to their county court.

An heirship affidavit is a sworn statement identifying someone as a decedent's legal heir. It is used only in some states, where it is the simplest way to pass ownership of personal assets or real estate from a deceased proprietor to their blood relatives, avoiding probate during the estate administration. You can use this where there's a small amount of money or real property worth under a given statutory amount. You can also use this document when your departed relative’s legal heirs agree on distributing such assets.

The heirs designated in this document are close relatives of the decedent entitled to some or all of the property left behind. These include the spouse, children, grandchildren, parents, and siblings. If there are no close relations, intestacy laws also allow aunts, uncles, or cousins to serve as prospective heirs. However, the court always makes the final decision on property distribution and how to divide its proportions between several inheritors.

Information You Should Include in Your Heirship Affidavit Rights Of Heirs To Property

Although the inheritance laws differ from state to state, the heirship affidavit form is relatively straightforward to prepare. US Legal Forms provides you with professional and verified state-specific templates, which you only need to fill out with the following information:

  • 1. Full name, residential address, and the date of the decedent’s death
  • 2. Whether the departed person was ever married, and the names and addresses of all their surviving heirs
  • 3. A declaration of the absence of a will left and a statement for you being a legal heir under your state laws
  • 4. List of property to be divided between inheritors, including the applicant’s claim for it
  • 5. Verification by other parties of your right to claim the legacy mentioned in your heirship affidavit.

What Makes an Affidavit of Heirship Effective? What Is Heirship

When claiming your relative’s legacy, the intestacy laws require you to sign your affidavit of heirs before a notary public. Individuals who knew the decedent and were informed about their real property should also affix their signature to the document before a notary. These witnesses should likewise indicate in writing that they have no personal gain from signing this affidavit of heirship. Once the notary authorizes your oaths, you should file the document with the Recorder of Deeds at your county courthouse.

The Affidavit of Heirship Alternative Proof Of Heirship

Some states don’t admit an heirship affidavit to claim legacy rights. Instead, they require a sworn statement filed in probate court stating that an estate meets the state’s value requirements of a small estate and requires an appropriate summary probate process through the small estate administration (or using a small estate affidavit).

Summary administration is another process for transferring the title of a small estate without following the regular steps of probate. This procedure is where beneficiaries sign a petition asking the court to admit a final will, if there is one. They swear in writing that they are not aware of any later wills, that the decedent owed no money to anyone, and that the listed assets are the only assets that belonged to the decedent. The petition will also contain clauses for the proper division of the estate; a copy of the paid funeral bill and a declaration that the deceased owed no debts at the time of death shall accompany the petition.

How to Obtain the Suitable Legal Form Right Of Heirship

Given the fact that local inheritance laws differ from jurisdiction to jurisdiction, you should follow these simple guidelines for picking the correct document suiting your case:

  • Find in your state laws what forms you need to prepare (an heirship affidavit or a small estate administration form)
  • Type in the form title and the name of your state in the search field above
  • Verify through the Preview window if the template you want complies with your state’s
  • requirements
  • Log in to your US Legal Forms account or create one
  • Purchase a subscription (if you don’t have a valid one) and download the template.