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An affidavit of heirship should be signed by two disinterested witnesses. To qualify as a disinterested witness, one must be knowledgeable about the deceased and his or her family history, but cannot benefit financially from the estate.
However, an affidavit of heirship is a legal document that can transfer ownership of real property from a decedent to heirs without the property going through probate. Probate costs money, so these documents can be a less costly way for heirs to transfer real property.
An affidavit of heirship is a document, sworn to under oath, that is submitted to the Surrogate's Court definitively identifying all of the people who may have a legal claim to inherit the decedent's assets or property.
To open an estate, you must file a petition along with an original will and any codicils (amendments), certified death certificate, list of interested parties, consents of all interested parties, bond, appointment of a resident agent, and the filing fee.
You can contact the court by phone, in writing, in person, or by sending an email to JUD.VJB@vermont.gov. A motion is a request in writing asking the court to consider doing something specific in your case. All motions must identify the request and give specific reasons for the request.
Vermont probate follows this general flow: contact the court, get appointed as personal representative, submit will if it exists, inventory and submit valuations of all relevant assets, have the court and beneficiaries approve it, and then distribute the assets to beneficiaries.
The form is fairly straightforward and requires the following information: Name, address, and date of death of the decedent. Whether the deceased person was ever married. Names of the surviving heirs. Statement that the deceased did not leave a will. Statement that you are an heir under your state intestacy law.
Therefore, the period of discovery for a New York will contest is limited to three years prior to the date of the will, and two years after the date of the will or to the date of death, whichever is earlier.