Affidavit of Heirship

Estate Planning

Use an affidavit of heirship to transfer the decedent's interest in real estate or personal property to his or her heirs.

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About This Form

An Affidavit of Heirship is a legal document used to establish the heirs of a deceased person, particularly when the decedent did not leave a will. This document is often used to transfer ownership of real estate or personal property to the rightful heirs without the need for a formal probate process. It is typically completed by someone who knew the decedent and their family history well, and it may require notarization or filing with a court or county records office.

When to Use This Form

  • When the decedent did not leave a will
  • To avoid a formal probate process
  • When transferring real estate to heirs
  • If the decedent's family history is well-known
  • As part of estate planning and settlement

Key Features

  • Identifies the heirs of the decedent
  • Facilitates the transfer of property without probate
  • Requires a knowledgeable affiant to complete
  • May need to be notarized or filed with authorities
  • Useful for real estate and personal property transfers

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