Allegheny Pennsylvania Affidavit of Heirship, Next of Kin or Descent - Decedent Died Intestate

State:
Multi-State
County:
Allegheny
Control #:
US-02042BG
Format:
Word; 
Rich Text
Instant download

Description

An heirship affidavit is used to state the heirs of a deceased person. It 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 affidavit 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. The affidavit of heirship must also be signed by a notary public.

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FAQ

Next of kin is defined in Pennsylvania Title 20, Chapter 3, §305 as: The spouse and relatives by blood of the deceased in order that they be authorized to succeed to the deceased's estate under Chapter 21 (relating to intestate succession) as long as the person is an adult or an emancipated minor.

Each jurisdiction has adopted the following broad order of those relatives of the intestate who are entitled to take: children and their descendants; then 2022 parents; then 2022 brothers and sisters; then 2022 grandparents; and then 2022 aunts and uncles.

Intestate succession without a will distributes the estate as follows: If the deceased has no children or spouse, their parents take the estate. If the deceased is married but has no children, their spouse takes the estate. If they have children but no living spouse, the children share the estate equally.

1 : a person who inherits or has the right to inherit property after the death of its owner. 2 : a person who has legal claim to a title or a throne when the person holding it dies. heir. noun. \\ 02c8ar \\

Generally, the heirs of the decedent are their surviving spouse and children, including all of decedent's biological children and adopted children.

Key Takeaways. 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 die without a will in Pennsylvania, your assets will go to your closest relatives under state "intestate succession" laws.

A legally and properly executed will that covers inheritable property usually takes precedence over next-of-kin inheritance rights. But if the deceased person left no will, their estate passes to a surviving spouse in nearly all states.

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.

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Allegheny Pennsylvania Affidavit of Heirship, Next of Kin or Descent - Decedent Died Intestate