Establish you're the heir of a person who has died: Affidavit of Heirship
What we’ll cover
What is an Affidavit of Heirship?
An Affidavit of Heirship is a legal document that allows lawful heirs or someone who knows them to confirm their relationship to the deceased. Affidavits of Heirship are particularly useful to settle the estate of someone who has died without a Will.
An Affidavit of Heirship is often used to release funds in banking, savings and investment accounts owned by the decedent at his or her time of death. For real property, it may be filed with the deed records office of the county or parish in which the property lies. For personal property, it should be presented to any individual or business that has authority to release the property.
When to use an Affidavit of Heirship:
- 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.
Have questions about your Affidavit of Heirship?
Whether you're preparing your Affidavit of Heirship, reviewing one someone sent you, or just want to understand it better, here's how to get help.
- Understand what it says or review it. Use our AI legal assistant to ask questions about your Affidavit of Heirship, understand what it says, and spot anything that may need a closer look.
- Ask an attorney a question. Connect with an attorney for legal information, with a written answer within one business day or a live consultation.
- Get advice on what to do. For privileged, confidential advice about your specific circumstances and next steps, book a Legal Advice Session with an attorney.
Sample Affidavit of Heirship
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Affidavit of Heirship
I ("Affiant"), residing at , , , duly sworn, and state:
. I am over the age of eighteen years and have personal knowledge of the following facts.
. I knew the decedent, , who died on , from to . was my . 's place of death was , .
. left the following items of personal property and
, held by valued at
. At the time of death, 's sole surviving heirs were as follows:
, , , , a , born .
I declare that, to the best of my knowledge and belief, the information herein is true, correct and complete as of , the date I affixed my signature to this Affidavit.
______________________________________
About Affidavits of Heirship
Learn about how to establish you're the heir of a person who has died
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Common terms in an Affidavit of Heirship
An Affidavit of Heirship is a legal document used to establish the rightful heirs of a deceased person. It is most often used when someone passes away without a Will. While the specific terms may vary based on jurisdiction and the details of the situation, here are common terms you may find in yours:
Affiant
The individual providing the affidavit, attesting to the accuracy of the information regarding the deceased person's heirs.
Decedent's information
Details about the deceased person, including their full name, date of death, and last known address.
Heir information
Names, addresses, and other relevant details about each heir, including their relationship to the deceased (e.g., spouse, child, sibling).
Legal description of property
If the affidavit is related to real property, a detailed legal description of the property involved.
Statement of no Will
Confirmation that the deceased person did not leave a valid Will, or if a Will exists, details about why it is not being probated.
Possession of property and assets
Information about any property, assets, or financial accounts left by the deceased person and the current possession or management of these assets.
Outstanding debts and liabilities
A statement regarding any outstanding debts or liabilities of the deceased and how they are being addressed.
No disputes among heirs
A statement affirming that there are no disputes among the heirs regarding the inheritance or distribution of the decedent's estate.
Jurisdiction clause
A provision stating the jurisdiction whose laws will govern the interpretation and enforcement of the affidavit.
It's crucial to ensure that an Affidavit of Heirship complies with state laws and regulations. Talk to a attorney to ensure the document's validity and effectiveness in establishing the heirs of the deceased person's estate.
Affidavit of Heirship FAQs
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How do I get an Affidavit of Heirship?
It's simple and easy to get a free Affidavit of Heirship using Rocket Lawyer. If you have already gathered a list of the decedent's property and heirs, follow the steps below:
- Make the document - Answer a few simple questions and we will do the rest.
- Send or share it - Get legal advice, if needed.
- Sign it - Notarization is a best practice.
This solution, in most cases, is more affordable than hiring and working with the average law firm to draft the whole document.
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What is an Affidavit of Inheritance?
That is just another name for 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.
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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.
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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.
