Affidavit of Heirship Form
What is an Affidavit of Heirship form? It is a sworn statement identifies the heirs of a deceased person (“decedent”) and describes the property that the decedent owned, and that should pass to the decedent’s heirs.
The property can include real property, vehicles, or bank accounts. If real property is involved, make sure to attach a copy of the legal description of the property as an exhibit to the document. The affidavit must be signed before a notary public.
If a person died intestate (without a will), the affidavit can be used in some states to transfer real property without probate. The affidavit is recorded in the deed record in the county where the real estate exists and becomes part of the chain of title.
State law may require a waiting period after the death before the heirship affidavit can be used, and the affidavit cannot be used if the will is being probated.