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Affidavit of Heirship

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Sample Affidavit of Heirship Form Template
Affidavit of Heirship Basics

Reviewed by Rocket Lawyer On Call Attorney  Joseph Console, Esq

Settling a loved one's estate can prove challenging during an already difficult time. An Affidavit of Heirship can ease the process, and is used most often when there's no Will. Use an Affidavit of Heirship to establish that you're an heir and help speed up the settlement of the estate.

Use the Affidavit of Heirship document if:

  • A family member or spouse has passed away with no Will or instructions on how to disburse their estate and you wish to make it known that you are the lawful heir of a deceased person.
  • You want to gain ownership of a loved one's estate without having to go to probate court.
  • You and the other heirs are in agreement on how the deceased personal or real property should be distributed.

An Affidavit of Heirship is a quick way for beneficiaries to establish ownership of real and personal property. It's generally faster because you avoid going through probate court. It's most often used when your spouse or family member dies without a will and leaves only real property. However, the Affidavit can be used when there is a Will. You and the other heirs must agree to the disbursement of the deceased's property. The document can also be used to gain ownership of funds in bank accounts and other personal property. Laws on when an Affidavit for Heirship may be used differ from state to state. Makes sure to check with your local and state laws before using this document.

Other names for this document: Heirship Affidavit

Sample Affidavit of Heirship

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