The distribution of property has become more complex with extended families and the mobility of individuals. When someone dies, it makes sense to transfer personal and real property quickly. The “Affidavit of Heirship” is a document that can assist this process when someone dies without a will.
No Will – Avoid Probate Court
If the owner of property made clear instructions about the distribution of his property, then the process is easy. The last will and testament is the usual governing document to control the Decedent’s property. But, if there is no will, it can be more difficult.
The probate process can be expensive and time-consuming. If you and other heirs have decided how to distribute the property of the deceased family member, then the Affidavit of Heirship can ease the process. This transfers property to heirs when there is no will.
Family Relationships with Decedent
The Affidavit of Heirship is basically a listing of all the information you know about the Decedent, especially family relations. You must fill in your name and address. The rest of the form questions you concerning the Decedent: residence at death, day of death, place of death, marital history, children, brothers, sisters, parents and even nephews. It is basically like a family tree of the Deceased.
You will also be asked how long you knew the Decedent. The details are quite in-depth to determine how deep your relationship with the Deceased was.
The Affiant is a third-party disinterested witness (usually a Notary Public) who has nothing personal to gain from the estate. This Affiant must witness you filling out the form to make it legal. The bottom of the form includes a place for the heir’s signature and date. It also has a place for the Notary seal.
Once you have completed the Affidavit of Heirship, you must file it with the county clerk. This will establish you as an heir and speed up estate settlement when there is no court ruling. This document is helpful when all heirs agree on the distribution of an estate. It can even be used for bank accounts. Each state has its own rules governing this legal document.