For an affidavit to be valid, it is essential that the affidavit be sworn to, or affirmed before, a notary public or some other officer authorized to administer oaths. It is also essential that the affiant be identified as to name, residence and, where appropriate or required by law, as to status or capacity. This is ordinarily done in the introductory paragraph to the affidavit.
The following form is by an affiant as an attorney-in-fact for a corporation.
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Affidavit of Death and Heirship. This is a document recorded in the land records that creates a rebuttable presumption of marketable title to severed minerals in a decedent's heirs. Title becomes ?marketable? if no contrary instruments are recorded in the 10 years after the recording of the Affidavit.
The simplest way to determine who the heirs to the estate are without a will is by identifying the closest living relatives of the deceased. The way your attorney will be able to determine who the heirs are is by going to Title 84, Section 213 of the Oklahoma Statutes.
How Do You Write An Oklahoma Affidavit? An affidavit must be in writing and state, under penalty of perjury, that the information contained therein is true and correct to the best of the affiant's knowledge. The affidavit should be dated and signed by the affiant and include the name, address and telephone number.
What Is An Affidavit Of Heirship in Oklahoma. Under Oklahoma law, successors (usually children) can file an affidavit of heirship if the deceased individual's estate qualified as a ?small estate.? The affidavit of heirship must contain specific information if its to be used to avoid the probate process.
An affidavit of known heirs can be used when the amount of ?aggregate deposits held in single ownership in the name of the deceased? at the institution is less than $50,000.
An affidavit of heirship allows you to inherit property from a deceased relative without going through a long or expensive court proceeding, but it includes some risk since it could be overturned if the information you provide is not correct.
