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Affidavit of Heirship basics

Settling a loved one's estate can prove challenging during an already difficult time. An Affidavit of Heirship can ease the process if a family member or spouse has passed away with no Will or instructions on how to disburse their estate. Use an Affidavit of Heirship if you wish to make it known that you are the lawful heir of a deceased person.


What is an Affidavit of Inheritance?


Also called an Affidavit of Heirship, this document provides a quick way for beneficiaries to establish ownership of real and personal property. It is generally faster because you avoid going through probate court. It is most often used when your spouse or family member dies without a will and leaves only real property.


How do I get an Affidavit of Heirship?


Making a free Affidavit of Heirship online is simple. Just answer a few questions, and Rocket Lawyer will build your document for you. Consider these questions beforehand to make the process speedier:

  • What type of property did the Decedent leave?
  • Who are the remaining surviving legal heirs of the Decedent?
  • Did the Decedent address the property in a Last Will and Testament?
  • Where will the person making the Affidavit sign the document?

If you don't have all of the details you need, you can skip questions, and save your document for later.


Does an Affidavit of Heirship need to be recorded?


Yes, an Affidavit of Heirship needs to be filed and recorded with the deed records of the county where the property is located.


Who can file an Affidavit of Heirship?


An Affidavit of Heirship should be signed by someone who is not the heir. This individual should not benefit from the estate and should be familiar with the family history of the decedent.


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Sample Affidavit of Heirship

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