Massachusetts Heirship Affidavit - Descent
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FAQ
An affidavit of heirship is needed to transfer a deceased person's interest in real or personal property to his or her heirs when the decedent dies without leaving a last will and testament or without disposing of all of his or her property in a will.
Degrees of kinship are used to identify heirs at law in the next of kin category ONLY if there are no members in the first four groups of heirs: (1) surviving spouse, (2) children and their descendants, (3) parents, and (4) brothers/sisters and their descendants.
If you die intestate, according to Massachusetts intestacy law, everything goes to your next of kin. Your next of kin are the people who have the closest relation to you. If you're married, then that's your spouse. If you're not married, your closest blood relations or equivalent, will inherit your property.
"If you die without a will in Massachusetts, your assets will go to your closest relatives under state 'intestate succession' laws.
When a person who owns real property dies intestate, and there is no survivor mentioned in the deed, the heirs of the decedent, must file an affidavit of descent to establish their chain of title to the property. This affidavit, is known as an affidavit of descent.
An heir-at-law is anyone who's entitled to inherit from someone who dies without leaving a last will and testament or other estate plans.
"If you die without a will in Massachusetts, your assets will go to your closest relatives under state 'intestate succession' laws.
An heir is a person who is legally entitled to collect an inheritance, when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants or other close relatives of the decedent.
Heirs at law are persons entitled to receive the Decedent's property under the intestacy succession laws if there is no will. For dates of death on or after March 31, 2012, the Massachusetts Uniform Probate Code, G. L.