Add Dropdown Menu Fields Legal Arkansas Heirship Affidavits Forms For Free

Real Estate Transactions: Affidavits of Heirship are often used in real estate transactions to transfer ownership of property from the deceased person to their legal heirs without the need for formal probate.

In Arkansas, you can make a living trust to avoid probate for virtually any asset you own—real estate, bank accounts, vehicles, and so on. You need to create a trust document (it's similar to a will), naming someone to take over as trustee after your death (called a "successor trustee").

Create the affidavit of heirship. The affidavit must include specific information such as the name and address of the affiant, the decedent's name and date of death, marital history, and the names and addresses of the decedent's children and siblings. Sign the affidavit of heirship in front of a notary public.

An affidavit of heirship is a document that can be used in some states to transfer ownership of property left by a deceased person to their family. This allows for property to be inherited without a will or a court proceeding.

If the property owner is deceased, he or she can no longer sign the deed. In that case, you need something different such as an Affidavit of Heirship, a probated Will or a court order determining heirship. First the deceased owner's name must be removed from the record ownership of the house (the title).

Before a deed can be used to transfer or sell the property, the affidavit should be prepared, signed, notarized, and filed in the deed records office in the county where the property is located. Note: The affidavit should be recorded in the deed records first to identify the heirs.

Typically the person signing the affidavit is a friend of the family. The signature of the person signing the affidavit of heirship must be notarized. List all of the heirs at the time of the decedent's death. For example list the spouse and all children.

How to File (4 steps) Complete the Small Estate Affidavit. Complete the Small Estate Affidavit. File at the Local Court. Go to the Local Court Clerk's Office with the following. Publish in the Local Newspaper. Submit the Deed of Distribution.

As part of the process you will submit a petition called an Affidavit of Heirship. This is the document that allows the court to establish the identity of all your mother's legal heirs. Once the legal heirs are established then the estate assets will be distributed based on heirship laws.