Broward Florida Affidavit of Heirship, Next of Kin or Descent - Decedent Died Intestate

State:
Multi-State
County:
Broward
Control #:
US-02042BG
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Word; 
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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

To summarize, an heir is determined based on a person's right to receive property from a decedent; while a descendant is determined based on the familial relationship to the a decedent. You can be an heir, a descendant, both or neither.

The Spouse's Share in Florida In Florida, if you are married and you die without a will, what your spouse gets depends on whether or not you have living descendants -- children, grandchildren, or great-grandchildren. If you don't, then your spouse inherits all of your intestate property.

An affidavit of heirs is a notarized document that identifies who inherits your property after you die. This document is often needed when an individual dies without a will or a living trust. When you die without a will, the court decides who receives your property by looking at state law.

In Florida an heir is specifically defined under the statutes. Florida Statute 732.201 (20) tells us that 'Heirs' or 'heirs at law' means those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent. (2018). A spouse is an heir.

The affidavit must be signed and verified by the surviving spouse, if any, and any heirs at law, except that joinder in the affidavit is not required of an heir who will receive a full intestate share under the proposed distribution of the personal property.

Unfortunately, Florida does not have a small estate affidavit process, with one exception, which means the family will more than likely need to consult a probate attorney to help gain control of the assets.

Complete the Affidavit of Heirs Most jurisdictions require that the person submitting the affidavit is not one of the decedent's heirs. The relatives that should be included in the affidavit are the spouse, children, siblings, grandparents, and aunts and uncles of the decedent.

The decedent dies without a will or a surviving spouse. If both the son and the daughter are alive, they split the estate equally between them, each receiving 50%. If the daughter is dead at the time of the decedent's death, then her children share their mother's portion, each receiving 25% (half of 50%).

Next of kin in Florida are: Siblings. Grandparents. Uncles and Aunts. Kindred of last deceased spouse.

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Broward Florida Affidavit of Heirship, Next of Kin or Descent - Decedent Died Intestate