Palm Beach Florida Affidavit of Death and Heirship (Information to Include in Affadavit)
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FAQ
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.
Heirs at law in Florida are defined in Florida's probate code section 731.201 as: those persons, including the surviving spouse, who are entitled under the statutes of intestate succession to the property of a decedent.
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.
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.
An Affidavit of Heirship must include the following information: The decedent's name and last known address; the date and place of death; the decedent's marital history; the decedent's family members such as children, siblings, parents, aunts/uncles, and niece/ nephews.
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.
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.
