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An affidavit of heirship can be used to establish the heirs of a deceased person when there is no probated will or estate. To use an affidavit of heirship for this purpose please follow the instructions below: The person signing the affidavit of heirship cannot be a person listed as an heir.
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 you have children or other descendants, your spouse has the right to a third of your real estate for life. After your death, your children or descendants will inherit the property outright, except for the third that your spouse is entitled to. Your spouse will then inherit a third of your personal property.
If the decedent has died in Arkansas within the last five years, it is not too late to probate his or her estate, allowing the courts to handle administration of the estate. If more than five years has passed, an Heirship Affidavit may help heirs transfer the decedent's property.
You must file an Affidavit for Collection of Small Estate with the probate clerk of the circuit court in the county where the deceased last lived. The affidavit can be filed by one or more of the people receiving proceeds from the estate (called distributees).