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 With Will Attached
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How to fill out Arkansas Heirship Affidavit - Descent?
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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.
There are generally a number of types of living heirs entitled to inherit from a decedent, including: the spouse of the decedent; biological and adopted children, and their descendants; parents of the decedent; siblings of the decedent, and if they have died, their descendants (the decedent's nieces and nephews); and ...
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.
Whether or not you have a will when you die, your spouse will inherit your property through a doctrine known as ?dower and curtesy.? If you have no children or descendants, your spouse automatically inherits half of your real estate and half of your personal 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.