Pennsylvania Heirship Affidavit - Descent
What this document covers
The Heirship Affidavit - Descent is a legal document used to establish the heirs of a deceased person in order to assert ownership of their personal or real property. Unlike a will, which outlines a person's wishes posthumously, this affidavit serves to confirm heirship, particularly when no estate has been probated. It is commonly utilized in situations where heirs need to assert their rights when property transfers occur after the death of an individual.
Main sections of this form
- The name and address of the affiant, the person completing the affidavit.
- Identification of the deceased, including date of birth and date of death.
- Information regarding whether the deceased left a will and its probate status.
- Details about the surviving spouse, children, and other relatives of the deceased.
- Affirmation of the affiantâs knowledge regarding the decedent's family and marital history.
- Signature of the affiant and notarization for validation.
When to use this document
This form is required when a decedent has passed away without a will (intestate) and there is a need to clarify the rightful heirs for property transfer. It is particularly useful in situations where heirs must provide proof of their status to access or sell property owned by the deceased. For example, if a person inherits land but cannot sell it until their heirship is formally established, they would use this affidavit.
Who can use this document
- Individuals who are heirs to a deceased person's estate.
- Affiants who are knowledgeable about the decedentâs family and marital history.
- Anyone needing to transfer property following the death of a family member without a will.
- Those tasked with selling property on behalf of an heir.
Instructions for completing this form
- Identify yourself as the affiant, providing your name and address.
- Detail your relationship with the deceased and provide their identifying information, including dates of birth and death.
- Answer questions regarding the existence of a will, its probate status, and outstanding debts of the decedent.
- Supply information about surviving relatives, including children and spouses.
- Sign the document in the presence of a notary public.
Does this form need to be notarized?
This form needs to be notarized to ensure legal validity. US Legal Forms provides secure online notarization powered by Notarize, allowing you to complete the process through a verified video call, available anytime.
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Make edits, fill in missing information, and update formatting in US Legal Forms—just like you would in MS Word.
Download a copy, print it, send it by email, or mail it via USPS—whatever works best for your next step.
Sign and collect signatures with our SignNow integration. Send to multiple recipients, set reminders, and more. Go Premium to unlock E-Sign.
If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
We protect your documents and personal data by following strict security and privacy standards.
Common mistakes
- Failing to provide accurate dates of death or relationships to the decedent.
- Incomplete responses to specific questions regarding the estate or outstanding debts.
- Neglecting to sign or have the form notarized, which may result in the affidavit being considered invalid.
Benefits of completing this form online
- Convenience of downloading and filling out the form at your own pace.
- Easy access to reliable templates drafted by licensed attorneys.
- Editability, allowing for adjustments as necessary before finalizing the document.
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FAQ
The family exemption is a right given to specific individuals to retain or claim certain types of a decedent's property in accordance with Section 3121 of the Probate, Estate and Fiduciaries Code. For decedents dying after Jan. 29, 1995, the family exemption is $3,500.
Use Life Insurance: Life insurance is generally exempt from PA Inheritance Tax. Your heirs will inherit a tax-free (income tax free, inheritance tax free, estate tax free) liquid asset. Lifetime Gifting: Making a gift during your lifetime reduces the inheritance tax on your estate.
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.
What property is subject to inheritance tax? All real property and all tangible personal property of a resident decedent, including but not limited to cash, automobiles, furniture, antiques, jewelry, etc., located in Pennsylvania at the time of the decedent's death is taxable.
While federal estate taxes and state-level estate or inheritance taxes may apply to estates that exceed the applicable thresholds (for example, in 2021 the federal estate tax exemption amount is $11.7 million for an individual), receipt of an inheritance does not result in taxable income for federal or state income tax
Property owned jointly between husband and wife is exempt from inheritance tax, while property inherited from a spouse, or from a child aged 21 or younger by a parent, is taxed a rate of 0%. Inheritance tax returns are due nine calendar months after a person's death.
Affidavit must be filed by the new owner with the assessor for the city or township where the property is located within 45 days of the transfer.
Step 1 At the top, write in the name of the decedent. Step 2 Under Section 1, write in the date of birth, the date of death, the residential address of decedent. Step 3 In Section 2, check the box that describes you as the person filling out the affidavit.
A fee of $15 for the first page and $4 for each additional page is common. Ask if you can file the two affidavits of heirship as one document. Some counties let you file the two affidavits of heirship as one document if the decedent and property descriptions are the same.