This Heirship Affidavit form is for a person to complete stating the heirs of a deceased person. The Heirship Affidavit is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidvait to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate.
Arkansas Affidavit Of Heirship Statute Without A Will
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How to fill out Arkansas Heirship Affidavit - Descent?
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Intestate Laws in Texas and Arkansas In general, assets will pass to the closest living relatives, regardless of the personal relationship you may have had with that person in life. The laws allow for a range of possibilities and become quite complicated if there are no close relatives.
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.
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.
This affidavit must be signed and notarized. Affidavits of heirship are often recorded with a deed. Some counties have more than one recording office, so you need to be sure this deed is being recorded in the correct recording office. Must list the name and address of the person who prepared this affidavit.
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.