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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.
Even if the deceased had a Will, an Heirship Affidavit may be used rather than probating the Will if the Will leaves the property solely to the direct descendants of the deceased. Note: Using this affidavit may be a less expensive and quicker option for title transfer of real property compared to a probate proceeding.
To make an affidavit of heirship, it needs to be signed and notarized by someone who knew the deceased and their family. It also needs to be filed where the property is located. A link to a sample affidavit of heirship is included.
How to Fill Out Affidavit of Heirship | PDFRUN - YouTube YouTube Start of suggested clip End of suggested clip This you must input the following. Information about the legal heirs. Name of the air the currentMoreThis you must input the following. Information about the legal heirs. Name of the air the current address of the air the air's birth date the name of the air's other parent. If the air is already dead
There is no need for all heirs to agree to sell a property if it is still in probate. The heirs need to petition the court for approval to sell the property. If they file a suit for partition, the court can order a property sale.