In some cases, the property may even need to go through probate in order to be transferred. Additionally, if there is more than one heir to the property, not having an Affidavit of Heirs can lead to disagreements or disputes between the heirs.
Releases of Liens can be filed in person or by mail in the Real Property Department. The nine annex offices can accept them for filing, however it may take 5 -7 business days to be filed based upon delivery of the work to the downtown office.
The affidavit of heirship is a document that provides a statement of facts of the family history, genealogy, marital status, or the identity of the heirs of a decedent. The affidavit of heirship is not an alternative to probate per se. Rather, it is an alternative that may be used when probate is not necessary.
Good to know: An Affidavit of Heirship establishes a clean chain of title. It ensures that the title records of the Heir Property title changes legally to the heirs of the deceased.
1. This form should be completed by someone other than an Heir. This person should be someone who is familiar with the family history of the deceased (decedent), and who will obtain no benefit from the Estate. The person who fills out the form is referred to as the “AFFIANT”.