This Heirship Affidavit form is for a person to complete stating the heirs of a deceased person. The Heirship Affidavit is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidvait to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate.
Kansas City Missouri Heirship Affidavit - Descent
Category:
State:
Missouri
City:
Kansas City
Control #:
MO-02501
Format:
Word;
Rich Text
Instant download
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How to fill out Missouri Heirship Affidavit - Descent?
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FAQ
If there are descendants, usually the surviving spouse and surviving children share in the assets of a deceased person's estate. When there is no surviving spouse, or any surviving children, the estate's assets pass to the parents.
An Affidavit of Heirship is a legal document used in some states to establish the legal heirs of a person who dies without a will.
Any estates with assets totaling more than $40,000 will require a more formal process. Regardless of the total estate value, you must file probate in Missouri within one year of the person's death.
In Missouri, after a person dies, the heirs have one year to open a probate estate if full probate is necessary. The biggest issue that arises is that Wills are not effective unless admitted to the probate court within one year of the death of the owner of the property.
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.
If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.
Once the small estate affidavit is drafted and signed in front of a notary, it must be filed with the Probate Court in the county of the residence of the deceased person.
It will need to be signed by all parties and their spouses (if married), and the papers will need to be filed in the county recorder's office where the property is located. Once this is completed, the real estate will have been officially transferred to the heirs, probate-free.
Generally, the heirs of the decedent are their surviving spouse and children, including all of decedent's biological children and adopted children.
