Download Free Affidavit of Heirship Forms http://affidavitofheirship.com Fri, 07 Sep 2012 02:21:31 +0000 en-US hourly 1 http://wordpress.org/?v=3.4.1 DIY Heirship Affidavit State Forms http://affidavitofheirship.com/diy-heirship-affidavit-state-forms/ http://affidavitofheirship.com/diy-heirship-affidavit-state-forms/#comments Fri, 06 Jul 2012 03:50:36 +0000 rutiera http://affidavitofheirship.com/?p=516 An Affidavit of Heirship is a sworn statement under oath by one or more members of a family. It is used as a legal document to establish the heirs of a Decedent. Heirship Affidavits can be used as an alternative to probate of real estate.

An Affidavit of Heirship is used to establish ownership of a Decedent’s property when the Decedent failed to execute a will or failed to divide all of his or her property through his or her Last Will and Testament.

Fill out a free Heirship Affidavit personalized with your state information in 5 minutes online:

Our free Affidavit of Heirship forms can be filled out in less than 5 minutes online and are binding in each state.

]]> http://affidavitofheirship.com/diy-heirship-affidavit-state-forms/feed/ 0 Affidavit of Heirship Template http://affidavitofheirship.com/affidavit-of-heirship-template/ http://affidavitofheirship.com/affidavit-of-heirship-template/#comments Fri, 06 Jul 2012 03:38:19 +0000 rutiera http://affidavitofheirship.com/?p=511 Our Affidavit of Heirship template is a form to guide you when drafting your own document. The information required in the Affidavit is enclosed in brackets and is in all capital letters. Use this form to help you draft your own Heirship Affidavit. Remember, not all Affidavits of Heirship are the same. Your state may require more information about the Decedent and heirs than our template.

AffidavitOfHeirship.com Affidavit of Heirship Template

Date: [DATE AFFIDAVIT WAS EXECUTED]

Decedent: [NAME OF PERSON WHO DIED AND WHOSE PROPERTY YOU ARE TRANSFERRING]

Property: [PHYSICAL ADDRESS AND LEGAL DESCRIPTION OF PROPERTY OWNED BY DECEDENT]

First Spouse: [NAME OF FIRST SPOUSE OF DECEDENT IF APPLICABLE]

Second Spouse: [NAME OF SECOND SPOUSE OF DECEDENT IF APPLICABLE]

Affiant: [NAME OF PERSON SWEARING TO THE FACTS OF THIS AFFIDAVIT]

Affiant on oath swears that the following statements are true and are within the personal knowledge of Affiant:

1. My name is [NAME OF AFFIANT], and I live at [PHYSICAL STREET ADDRESS OF AFFIANT]. I am personally familiar with the family and marital history of [NAME OF DECEDENT] and I have personal knowledge of the facts stated in this affidavit.

2. I knew Decedent from on or about [YEAR AFFIANT KNEW DECEDENT] until [LAST DATE OF KNOWING DECEDENT, USUALLY DATE OF DEATH]. Decedent died on [DATE OF DEATH OF DECEDENT]. Decedent’s place of death was [CITY, COUNTY AND STATE WHERE DECEDENT DIED]. At the time of Decedent’s death, Decedent’s residence was [ ADDRESS OF DECEDENT’S RESIDENCE].

3. Decedent’s marital history was as follows: Decedent was married [NONE, ONE, TWO, ETC.] times.

a. Name: [NAME OF 1ST SPOUSE]
Date of marriage: on or about [DATE OF MARRIAGE]
Place of marriage: [CITY, STATE OF MARRIAGE]
Status of marriage: Terminated by death of spouse. [MARRIED AT DEATH, TERMINATED BY DEATH OF SPOUSE, OR TERMINATED BY DIVORCE]
Date of death: [DATE OF DEATH OF SPOUSE]
Place of death: [COUNTY AND STATE OF SPOUSE’S DEATH]

b. Name: [NAME OF 2ND SPOUSE]
Date of marriage: on or about [DATE OF MARRIAGE]
Place of marriage: [CITY, STATE OF MARRIAGE]
Status of marriage: Terminated by divorce. [MARRIED AT DEATH, TERMINATED BY DEATH OF SPOUSE, OR TERMINATED BY DIVORCE]
Date of divorce: [DATE DIVORCE WAS FINALIZED]

4. Decedent had the following children:

a. Name: [NAME OF DECEDENT’S FIRST CHILD]
Date of Birth: [DATE OF BIRTH OF DECEDENT’S FIRST CHILD]
Name of Other Parent: [NAME OF CHILD’S OTHER PARENT]
Current Address: [CURRENT PHYSICAL ADDRESS]

b. Name: [NAME OF DECEDENT’S SECOND CHILD]
Date of Birth: [DATE OF BIRTH OF DECEDENT’S SECOND CHILD]
Name of Other Parent: [NAME OF CHILD’S OTHER PARENT]
Date of Death: [DATE THAT THIS CHILD OF DECEDENT DIED]
Names of descendants: [LIST NAMES OF CHILDREN OF THE DECEASED CHILD]

5. Decedent did not have or adopt any other children and did not take any other children into Decedent’s home or raise any other children, except: [LIST ADOPTED CHILDREN, CHILDREN RAISED BY DECEDENT, OR STATE “NONE”]

6. (Include if decedent was not survived by descendants) Decedents mother was:
Name: [NAME OF DECEDENT’S MOTHER]
Date of Birth: [BIRTH DATE OF DECEDENT’S MOTHER]
Current Address or Date of Death: [IF STILL LIVING INSERT CURRENT ADDRESS OF DECEDENT’S MOTHER, IF DECEASED THEN ENTER THE DATE OF HER DEATH]

7. (Include if decedent was not survived by descendants) Decedents father was:
Name: [NAME OF DECEDENT’S FATHER]
Date of Birth: [BIRTH DATE OF DECEDENT’S FATHER]
Current Address or Date of Death: [IF STILL LIVING INSERT CURRENT ADDRESS OF DECEDENT’S FATHER, IF DECEASED THEN ENTER THE DATE OF HIS DEATH]

8. (Include if decedent was not survived by descendants or by both mother and father)
Decedent had the following siblings:

a. Name: [NAME OF SIBLING]
Date of Birth: [BIRTH DATE OF SIBLING ]
Current address: [CURRENT PHYSICAL ADDRESS OF SIBLING]

b. Name: [NAME OF SIBLING]
Date of Birth: [BIRTH DATE OF SIBLING]
Date of Death: [DATE OF DEATH OF SIBLING]
Names of descendants: [LIST NAMES OF CHILDREN OF THE DECEASED SIBLING]

9. The following person has knowledge regarding Decedent, the identities of Decedent’s children, if any, parents, or siblings, if any:

a. [NAME OF PERSON OTHER THAN AFFIANT NAMED ABOVE THAT KNOWS THE FAMILY HISTORY OF DECEDENT]

b. [NAME OF PERSON OTHER THAN AFFIANT NAMED ABOVE THAT KNOWS THE FAMILY HISTORY OF DECEDENT]

10. Decedent died [ “WITH” OR “WITHOUT”] leaving a written will.

11. There has been [ “AN” OR “NO”] administration of Decedent’s estate.

12. Decedent left no debts that are unpaid at the time of death, except: [LIST UNPAID EXPENSES AND DEBTS OF DECEDENT OR STATE “NONE”]

13. There are no unpaid estate or inheritance taxes, except: [LIST UNPAID ESTATE OR INHERITANCE TAXES OR STATE “NONE”]

14. To the best of my knowledge, Decedent owned an interest in the following real property:

[LEGAL DESCRIPTION OF PROPERTY]

15. The following were the heirs of Decedent: [LIST ALL DESCENDANTS OF DECEDENT]

a. ___________________________

b. ___________________________

c. ___________________________

______________________ [TYPE NAME OF AFFIANT]

SUBSCRIBED AND SWORN TO before me on , 20___, by __________________________.

Notary Public, State of ______________________.

]]> http://affidavitofheirship.com/affidavit-of-heirship-template/feed/ 0 How to Fill Out an Affidavit of Heirship http://affidavitofheirship.com/how-to-fill-out-an-affidavit-of-heirship/ http://affidavitofheirship.com/how-to-fill-out-an-affidavit-of-heirship/#comments Fri, 06 Jul 2012 03:20:15 +0000 rutiera http://affidavitofheirship.com/?p=505 This document will guide you in filling out an Affidavit of Heirship. It contains standardized information that you will encounter on nearly all Heirship Affidavits.

Directions for filling out the Affidavit of Heirship are written in all caps and placed in brackets.

Affidavit of Heirship

Date: [DATE AFFIDAVIT WAS EXECUTED]

Decedent: [NAME OF PERSON WHO DIED AND WHOSE PROPERTY YOU ARE TRANSFERRING]

Property: [PHYSICAL ADDRESS AND LEGAL DESCRIPTION OF PROPERTY OWNED BY DECEDENT]

First Spouse: [NAME OF FIRST SPOUSE OF DECEDENT IF APPLICABLE]

Second Spouse: [NAME OF SECOND SPOUSE OF DECEDENT IF APPLICABLE]

Affiant: [NAME OF PERSON SWEARING TO THE FACTS OF THIS AFFIDAVIT]

Affiant on oath swears that the following statements are true and are within the personal knowledge of Affiant:

1. My name is [NAME OF AFFIANT], and I live at [PHYSICAL STREET ADDRESS OF AFFIANT]. I am personally familiar with the family and marital history of [NAME OF DECEDENT] and I have personal knowledge of the facts stated in this affidavit.

2. I knew Decedent from on or about [YEAR AFFIANT KNEW DECEDENT] until [LAST DATE OF KNOWING DECEDENT, USUALLY DATE OF DEATH]. Decedent died on [DATE OF DEATH OF DECEDENT]. Decedent’s place of death was [CITY, COUNTY AND STATE WHERE DECEDENT DIED]. At the time of Decedent’s death, Decedent’s residence was [ ADDRESS OF DECEDENT’S RESIDENCE].

3. Decedent’s marital history was as follows: Decedent was married [NONE, ONE, TWO, ETC.] times.

a. Name: [NAME OF 1ST SPOUSE]
Date of marriage: on or about [DATE OF MARRIAGE]
Place of marriage: [CITY, STATE OF MARRIAGE]
Status of marriage: Terminated by death of spouse. [MARRIED AT DEATH, TERMINATED BY DEATH OF SPOUSE, OR TERMINATED BY DIVORCE]
Date of death: [DATE OF DEATH OF SPOUSE]
Place of death: [COUNTY AND STATE OF SPOUSE’S DEATH]

b. Name: [NAME OF 2ND SPOUSE]
Date of marriage: on or about [DATE OF MARRIAGE]
Place of marriage: [CITY, STATE OF MARRIAGE]
Status of marriage: Terminated by divorce. [MARRIED AT DEATH, TERMINATED BY DEATH OF SPOUSE, OR TERMINATED BY DIVORCE]
Date of divorce: [DATE DIVORCE WAS FINALIZED]

4. Decedent had the following children:

a. Name: [NAME OF DECEDENT’S FIRST CHILD]
Date of Birth: [DATE OF BIRTH OF DECEDENT’S FIRST CHILD]
Name of Other Parent: [NAME OF CHILD’S OTHER PARENT]
Current Address: [CURRENT PHYSICAL ADDRESS]

b. Name: [NAME OF DECEDENT’S SECOND CHILD]
Date of Birth: [DATE OF BIRTH OF DECEDENT’S SECOND CHILD]
Name of Other Parent: [NAME OF CHILD’S OTHER PARENT]
Date of Death: [DATE THAT THIS CHILD OF DECEDENT DIED]
Names of descendants: [LIST NAMES OF CHILDREN OF THE DECEASED CHILD]

5. Decedent did not have or adopt any other children and did not take any other children into Decedent’s home or raise any other children, except: [LIST ADOPTED CHILDREN, CHILDREN RAISED BY DECEDENT, OR STATE “NONE”]

6. (Include if decedent was not survived by descendants) Decedents mother was:
Name: [NAME OF DECEDENT’S MOTHER]
Date of Birth: [BIRTH DATE OF DECEDENT’S MOTHER]
Current Address or Date of Death: [IF STILL LIVING INSERT CURRENT ADDRESS OF DECEDENT’S MOTHER, IF DECEASED THEN ENTER THE DATE OF HER DEATH]

7. (Include if decedent was not survived by descendants) Decedents father was:
Name: [NAME OF DECEDENT’S FATHER]
Date of Birth: [BIRTH DATE OF DECEDENT’S FATHER]
Current Address or Date of Death: [IF STILL LIVING INSERT CURRENT ADDRESS OF DECEDENT’S FATHER, IF DECEASED THEN ENTER THE DATE OF HIS DEATH]

8. (Include if decedent was not survived by descendants or by both mother and father)
Decedent had the following siblings:

a. Name: [NAME OF SIBLING]
Date of Birth: [BIRTH DATE OF SIBLING ]
Current address: [CURRENT PHYSICAL ADDRESS OF SIBLING]

b. Name: [NAME OF SIBLING]
Date of Birth: [BIRTH DATE OF SIBLING]
Date of Death: [DATE OF DEATH OF SIBLING]
Names of descendants: [LIST NAMES OF CHILDREN OF THE DECEASED SIBLING]

9. The following person has knowledge regarding Decedent, the identities of Decedent’s children, if any, parents, or siblings, if any:

a. [NAME OF PERSON OTHER THAN AFFIANT NAMED ABOVE THAT KNOWS THE FAMILY HISTORY OF DECEDENT]

b. [NAME OF PERSON OTHER THAN AFFIANT NAMED ABOVE THAT KNOWS THE FAMILY HISTORY OF DECEDENT]

10. Decedent died [ “WITH” OR “WITHOUT”] leaving a written will.

11. There has been [ “AN” OR “NO”] administration of Decedent’s estate.

12. Decedent left no debts that are unpaid at the time of death, except: [LIST UNPAID EXPENSES AND DEBTS OF DECEDENT OR STATE “NONE”]

13. There are no unpaid estate or inheritance taxes, except: [LIST UNPAID ESTATE OR INHERITANCE TAXES OR STATE “NONE”]

14. To the best of my knowledge, Decedent owned an interest in the following real property:

[LEGAL DESCRIPTION OF PROPERTY]

15. The following were the heirs of Decedent: [LIST ALL DESCENDANTS OF DECEDENT]

a. ___________________________

b. ___________________________

c. ___________________________

______________________ [TYPE NAME OF AFFIANT]

SUBSCRIBED AND SWORN TO before me on , 20___, by __________________________.

Notary Public, State of ______________.

]]> http://affidavitofheirship.com/how-to-fill-out-an-affidavit-of-heirship/feed/ 0 Blank Affidavit of Heirship Forms http://affidavitofheirship.com/blank-affidavit-of-heirship-form/ http://affidavitofheirship.com/blank-affidavit-of-heirship-form/#comments Fri, 06 Jul 2012 02:56:05 +0000 rutiera http://affidavitofheirship.com/?p=489 An Affidavit of Heirship is a legal form used to transfer the ownership of property when someone has died without a probated will. An Heirship Affidavit is very useful when the heirs are known and the facts surrounding the estate are not in conflict.

The document contains facts about the Decedent, the property, witnesses, heirs, will, probate, and a place for signatures.

An Affidavit of Heirship is used:

  • When a family member dies without a will.
  • To legally assert the heirs of the deceased person.
  • To affirm the legal rights as an heir over the personal and real property of the deceased person.

AffidavitOfHeirship.com has a huge inventory of blank Affidavit of Heirship forms. Following is a selection from a blank Heirship Affidavit:

Affidavit of Heirship
Information Concerning Decedent
I, ________________________________________(affiant) being of lawful age, being first duly sworn, upon oath deposes and says:
That I was personally well acquainted with the above named decedent, during his/her lifetime, having known him (or her) for _______
years, and that affiant bears the following relationship to said decedent, to-wit:_______________________________________
1. Said decedent departed this life at _______________________ in ______________________ County/Parish, State of
__________________, on or about ________________________ day, being _______ years old at the date of his (or her) death.
2. Said Decedent owned, at the time of his (or her) death, the land situated in County/Parish, State of .
3. The land described above was / was not occupied as the homestead of the deceased.
(circle one)
4. The land described above is / is not now occupied as homestead of deceased’s surviving husband / wife.
(circle one) (circle one)
5. The land described above is / is not community property
(circle one)
Affiant further states that affiant was well acquainted with the family and near relatives of the said decedent, and the following statements and the
answers to the following questions are based upon the personal knowledge of affiant and are true and correct:
1. Did decedent leave a Will? (If so, attach a certified copy thereof.)
2. Where was Will first admitted to probate? Give name of court, and also of the city, county, and state in which court is located:
3. Has Will been probated or admitted to record in the state where the above described land is situated? If so, give date,
name of court and county
4. Is administration pending on the estate of decedent? If so, in what court, county/parish and state?
5. Has an executor or administrator been appointed for the estate of the decedent? If so, give his/her name and address
6. What is the present condition of the administration? (Answer this question regardless of whether or not decedent left a Will.)
Has administration been completed? If so, has final order or decree of distribution been rendered by the Court?
7. Were you acquainted with decedent’s business affairs? Did decedent leave any debts or obligations unpaid?
Have all such debts or obligations been paid?
If not, how much remains unpaid? What is reason these debts have not been paid?
Note: If decedent left a Will, but said Will was NOT probated, the laws of Intestate Descent and Distribution will apply, and NOT the terms of the Will.
Information Concerning Heirs of Decedent
8. Did decedent leave a surviving wife or husband ? If so, give name & address
Date of marriage: . If not
living, give date of death. _____________________
9. If the decedent was married more than once, give name or names of former spouse or spouses, and state whether any such former spouse is
dead or divorced, together with the date of death or divorce:_______________________________________________________________
_______________________________________________________________________________________________________________
10. Give following information concerning all children born to decedent, or legally adopted children of decedent, who were living at the time
of decedent’s death.
Name Address Date of Birth
11. Give below the names of any deceased children of decedent:
Name Date of Birth & Date of
Death
Surviving Spouse Surviving Spouse Address
12. Give below the names of the living children of any deceased son or daughter (those listed above in Item #11) of the decedent:
Name Date of Birth Name of Mother or Father from
Item #11 above
Address
13. If decedent left no surviving spouse or children, give the following information in the following order:
1) List parents, if living. If parents not living,
2) List all brothers and sisters;
3) If any brother or sister died before decedent, also list his or her children.
4) If no parent, brother or sister survived decedent, list following if any surviving: grandparents, nephews and nieces; uncles and aunts;
cousins; if none of foregoing survived, list nearest of kin surviving.
Name Address Date of Birth Date of Death / Relationship to
Decedent
Attach Additional Paperwork if Needed
14. Did decedent file in County Clerk’s office election to come under the Community Property Act?
____________________________________________________
Signature of Affiant
Subscribed and sworn to before me this _______ day of _________________________________________, 20_______.
My commission expires:
Notary Public

]]> http://affidavitofheirship.com/blank-affidavit-of-heirship-form/feed/ 0 What is an Affidavit of Heirship? http://affidavitofheirship.com/what-is-an-heirship-affidavit/ http://affidavitofheirship.com/what-is-an-heirship-affidavit/#comments Fri, 06 Jul 2012 02:12:32 +0000 rutiera http://affidavitofheirship.com/?p=476 An Affidavit of Heirship is a legal document that is used in the United States to avoid probate. Ownership of real property can be transferred to the Decedent’s heirs very quickly using this Affidavit. Heirship Affidavits are mainly used in situations in which a person died without leaving a will and the bulk of the assets in the estate are real estate.

An Affidavit of Heirship must be signed by two witnesses familiar with the Decedent, but do not stand to gain financially from the Decedent’s estate. the witnesses signing the Affidavit state under oath that they knew the Decedent. The location and date of the Decedent’s death is listed on the Affidavit along with his or her heirs.

The Decedent’s marital history, wedding date, divorce date and/or the date the spouse died are listed on the Affidavit. The name and current address of the Decedent’s children must also be provided on the Affidavit of Heirship. If the Decedent was never married and did not have any children, the names of the Decedent’s parents should be listed.

Some examples of the questions included on an Affidavit of Heirship include:

  • A description of the Decedent’s property.
  • Name of the Decedent.
  • The state and county where the property lies.
  • Name and address of the witnesses.
  • Questions about the relationship of the witnesses to the Decedent.
  • Questions about the Decedent’s will.
  • Questions about probate.
  • Questions about the Decedent’s debts and taxes owed.
  • Questions about the Decedent’s family members.
  • Space for signatures.
  • Place for Notary signature and seal.

The person executing an Affidavit of Heirship must swear that the Decedent had no debts at the time of death. The signed and notarized Heirship Affidavit is then filed in the county or parish land records where the Decedent’s property lies.

An Affidavit of Heirship is not legally binding until signed and sealed in the presence of a notary public. The notary public is responsible for confirming the identity of the affiants who are signing the Heirship Affidavit by checking their identification. The notary public should now date and sign the Affidavit and seal the Affidavit to complete his or her duties.

Once notarized, the Decedent’s heirs assume ownership of the property. At this time, the filed Affidavit of Heirship gives the heirs the right to sell the real estate.

]]> http://affidavitofheirship.com/what-is-an-heirship-affidavit/feed/ 0 Sample Affidavit of Heirship http://affidavitofheirship.com/sample-affidavit-of-heirship/ http://affidavitofheirship.com/sample-affidavit-of-heirship/#comments Thu, 05 Jul 2012 21:10:46 +0000 rutiera http://affidavitofheirship.com/?p=461 An Affidavit of Heirship is used to state the heirs of a person who has died. Heirship Affidavits are commonly used to establish the ownership of personal and real property. This type of affidavit is recorded in the official land records of a county or parish. The witness executing the affidavit, or affiant, should not be in position of gain to the estate. The Affidavit of Heirship must also be signed and sealed by a notary public.

The following information is included in our sample Affidavit of Heirship:

Affidavit of Heirship
Information Concerning Decedent
I, ________________________________________(affiant) being of lawful age, being first duly sworn, upon oath deposes and says:
That I was personally well acquainted with the above named decedent, during his/her lifetime, having known him (or her) for _______
years, and that affiant bears the following relationship to said decedent, to-wit:_______________________________________
1. Said decedent departed this life at _______________________ in ______________________ County/Parish, State of
__________________, on or about ________________________ day, being _______ years old at the date of his (or her) death.
2. Said Decedent owned, at the time of his (or her) death, the land situated in County/Parish, State of .
3. The land described above was / was not occupied as the homestead of the deceased.
(circle one)
4. The land described above is / is not now occupied as homestead of deceased’s surviving husband / wife.
(circle one) (circle one)
5. The land described above is / is not community property
(circle one)
Affiant further states that affiant was well acquainted with the family and near relatives of the said decedent, and the following statements and the
answers to the following questions are based upon the personal knowledge of affiant and are true and correct:
1. Did decedent leave a Will? (If so, attach a certified copy thereof.)
2. Where was Will first admitted to probate? Give name of court, and also of the city, county, and state in which court is located:
3. Has Will been probated or admitted to record in the state where the above described land is situated? If so, give date,
name of court and county
4. Is administration pending on the estate of decedent? If so, in what court, county/parish and state?
5. Has an executor or administrator been appointed for the estate of the decedent? If so, give his/her name and address
6. What is the present condition of the administration? (Answer this question regardless of whether or not decedent left a Will.)
Has administration been completed? If so, has final order or decree of distribution been rendered by the Court?
7. Were you acquainted with decedent’s business affairs? Did decedent leave any debts or obligations unpaid?
Have all such debts or obligations been paid?
If not, how much remains unpaid? What is reason these debts have not been paid?
Note: If decedent left a Will, but said Will was NOT probated, the laws of Intestate Descent and Distribution will apply, and NOT the terms of the Will.
Information Concerning Heirs of Decedent
8. Did decedent leave a surviving wife or husband ? If so, give name & address
Date of marriage: . If not
living, give date of death. _____________________
9. If the decedent was married more than once, give name or names of former spouse or spouses, and state whether any such former spouse is
dead or divorced, together with the date of death or divorce:_______________________________________________________________
_______________________________________________________________________________________________________________
10. Give following information concerning all children born to decedent, or legally adopted children of decedent, who were living at the time
of decedent’s death.
Name Address Date of Birth
11. Give below the names of any deceased children of decedent:
Name Date of Birth & Date of
Death
Surviving Spouse Surviving Spouse Address
12. Give below the names of the living children of any deceased son or daughter (those listed above in Item #11) of the decedent:
Name Date of Birth Name of Mother or Father from
Item #11 above
Address
13. If decedent left no surviving spouse or children, give the following information in the following order:
1) List parents, if living. If parents not living,
2) List all brothers and sisters;
3) If any brother or sister died before decedent, also list his or her children.
4) If no parent, brother or sister survived decedent, list following if any surviving: grandparents, nephews and nieces; uncles and aunts;
cousins; if none of foregoing survived, list nearest of kin surviving.
Name Address Date of Birth Date of Death / Relationship to
Decedent
Attach Additional Paperwork if Needed
14. Did decedent file in County Clerk’s office election to come under the Community Property Act?
____________________________________________________
Signature of Affiant
Subscribed and sworn to before me this _______ day of _________________________________________, 20_______.
My commission expires:
Notary Public

]]> http://affidavitofheirship.com/sample-affidavit-of-heirship/feed/ 0 Affidavit of Heirship Legal Terms http://affidavitofheirship.com/affidavit-of-heirship-legal-terms/ http://affidavitofheirship.com/affidavit-of-heirship-legal-terms/#comments Thu, 05 Jul 2012 08:47:31 +0000 rutiera http://affidavitofheirship.com/?p=444 AffidavitOfHeirship.com has developed an easy-to-read directory of legal terms written in plain English to help familiarize you with the Affidavit of Heirship process. The legal terminology involved with an Affidavit of Heirship includes the following:

  • Affiant: A person who swears to an affidavit.
  • Affidavit: A sworn written statement that is signed and notarized.
  • Affidavit of Domicile: An affidavit used by the executor of a will when transferring or cashing in stocks or other investments of a Decedent.
  • Affidavit of Heirship: A sworn statement taken under oath by an affiant. It is used as a legal document to establish the heirs of a Decendent.
  • Affidavit of Residency: It verifies the death and residency of a Decedent to initiate the release of property of the deceased person.
  • Affidavit of Small Estate: An affidavit used to inform a probate court that a particular estate meets the requirements of a certain state’s small estate laws. Rules of a small estate vary by state, but most range from $5,000 to $150,000 in assets.
  • Beneficiary: A person who is legally entitled to receive benefits through a trust, will, or life insurance policy.
  • Decedent: A person who has died.
  • Deponent: One who testifies under oath to the truth of certain facts or statements.
  • Executor: The person named in a will to handle the distribution of the property of the Decedent.
  • Heir: Someone who has the right to inherit a decedent’s property.
  • Heirship: The legal right to an inheritance.
  • Intestate: This is when a person dies without a will.
  • Notary Public: A licensed public official who has the right to administer oaths and certify documents. The notary’s signature and seal authenticates a legal document.
  • Oath: The swearing to the truth of a statement
  • Power of Attorney: An instrument allowing another person to act on your behalf.
  • Probate: A court supervised process that follows a person’s death that prove the authenticity of the Decedent’s will, accounts for all property, makes payment of debts and taxes, identifies the heirs, and distributes the property according to the will.
  • Testator: A person who makes a will.
  • Trust: An arrangement where a trustee manages property for a beneficiary.
  • Warranty Deed: A real estate deed that offers legal assurances of the validity of a property title being transferred to new ownership.
  • Will: A legal document in which the testator specifies exactly who will receive his or her property upon death.

We hope this list of legal terms benefits you when learning about or filling out your Affidavit of Heirship.

]]> http://affidavitofheirship.com/affidavit-of-heirship-legal-terms/feed/ 0 State Identified Affidavit of Heirship Forms http://affidavitofheirship.com/free-affidavit-of-heirship-state-forms/ http://affidavitofheirship.com/free-affidavit-of-heirship-state-forms/#comments Tue, 03 Jul 2012 05:04:07 +0000 rutiera http://affidavitofheirship.com/?p=417 An Affidavit of Heirship is a legal form used to state the heirs of a deceased person. Heirship Affidavits are used to establish ownership of personal and real property when a person dies without a will. It consists of a sworn statement under oath by members of the family and witnesses.

Use an Affidavit of Heirship:

  • When someone dies without a will.
  • To legally assert that you are the lawful heir of the deceased person.
  • To affirm your legal rights as an heir over the personal and real property of the deceased person.

Get a free, state identified Heirship Affidavit personalized with your information:

Our free Affidavit of Heirship forms can be filled out in less than 5 minutes online and are binding in each state.

]]> http://affidavitofheirship.com/free-affidavit-of-heirship-state-forms/feed/ 0 Wyoming Affidavit of Heirship http://affidavitofheirship.com/wyoming-affidavit-of-heirship/ http://affidavitofheirship.com/wyoming-affidavit-of-heirship/#comments Mon, 02 Jul 2012 22:56:34 +0000 rutiera http://affidavitofheirship.com/?p=413 Free Wyoming Affidavit of Heirship Form

Wyoming Legal Document 5 Star Rating: ★★★★★ 

When a person in Wyoming dies without a will, legal issues sometimes arise as to who has title over the property. The purpose of an Heirship Affidavit is to find the identity of the rightful heirs of the person who passed away and determine the amount of their respective share of the property.

A Wyoming Affidavit of Heirship is used to establish ownership of a Decedent’s property when the Decedent failed to execute a will or failed to divide all of his or her property through his or her Last Will and Testament.

This type of property is referred to as heirship property. First, an heir cannot sell heirship property. Second, title companies will not issue title insurance until heirship issues have been addressed and resolved by all the heirs involved. This must be done by either a probate proceeding in county court or by an Affidavit of Heirship for the State of Wyoming followed by a deed signed by the heirs of the person who passed away.

Instead of going through the probate process to have title to the property transferred to the Decedent’s heirs, the heirs have the opportunity to file a Wyoming Affidavit of Heirship in the deed records of the county in which the real estate owned by the Decedent exists.

According to the provisions of the Probate Code, an Affidavit of Heirship for Wyoming must be signed by two witnesses who knew the Decedent and his family history but do not stand to gain anything financially from the estate. In the Heirship Affidavit, those witnesses must swear under oath to each of the following issues:

  • They personally knew the Decedent.
  • The Decedent died on a certain date in a certain county of Wyoming.
  • They are aware of the identity of the Decedent’s family members and heirs.
  • A statement that the Decedent did not owe any debts at the time of his or her death.
  • A statement that the witnesses do not stand to gain financially from the Decedent’s estate.

Once the Affidavit of Heirship has been signed and recorded in the deed records of the county in Wyoming, it attaches the Decedent’s real estate to his heirs. It is at this time that the title companies and real estate companies will allow the heirs to sell the property.

However, if a person dies intestate, the State of Wyoming will make a will for the person. The purpose of a Wyoming Affidavit of Heirship in an intestacy case is to describe family history and state exactly to the court who the heirs are. The Wyoming Heirship Affidavit must be signed under oath by a person familiar with these facts. The document is then filed in the real property records of the county where the property is located.

For real property, the Wyoming Affidavit of Heirship may be filed with the deed records office of the county in which the property lies. Multiple properties can be covered under the same Heirship Affidavit so long as they are located in the same county. For personal property, the Heirship Affidavit should be presented to any individual or business that has authority to release the property.

The Wyoming 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.

A Wyoming Affidavit of Heirship gives absolute evidence of the family history of the Decedent and his or her heirs, so legal means can be applied to the facts concluding the legal inheritance of the property. Title companies accept a Wyoming Affidavit of Heirship during the transfer of real estate.

]]> http://affidavitofheirship.com/wyoming-affidavit-of-heirship/feed/ 0 Wisconsin Affidavit of Heirship http://affidavitofheirship.com/wisconsin-affidavit-of-heirship/ http://affidavitofheirship.com/wisconsin-affidavit-of-heirship/#comments Mon, 02 Jul 2012 22:52:35 +0000 rutiera http://affidavitofheirship.com/?p=410 Free Wisconsin Affidavit of Heirship Form

Wisconsin Legal Document 5 Star Rating: ★★★★★ 

When a person in Wisconsin dies without a will, legal issues sometimes arise as to who has title over the property. The purpose of an Heirship Affidavit is to find the identity of the rightful heirs of the person who passed away and determine the amount of their respective share of the property.

A Wisconsin Affidavit of Heirship is used to establish ownership of a Decedent’s property when the Decedent failed to execute a will or failed to divide all of his or her property through his or her Last Will and Testament.

This type of property is referred to as heirship property. First, an heir cannot sell heirship property. Second, title companies will not issue title insurance until heirship issues have been addressed and resolved by all the heirs involved. This must be done by either a probate proceeding in county court or by an Affidavit of Heirship for the State of Wisconsin followed by a deed signed by the heirs of the person who passed away.

Instead of going through the probate process to have title to the property transferred to the Decedent’s heirs, the heirs have the opportunity to file a Wisconsin Affidavit of Heirship in the deed records of the county in which the real estate owned by the Decedent exists.

According to the provisions of the Probate Code, an Affidavit of Heirship for Wisconsin must be signed by two witnesses who knew the Decedent and his family history but do not stand to gain anything financially from the estate. In the Heirship Affidavit, those witnesses must swear under oath to each of the following issues:

  • They personally knew the Decedent.
  • The Decedent died on a certain date in a certain county of Wisconsin.
  • They are aware of the identity of the Decedent’s family members and heirs.
  • A statement that the Decedent did not owe any debts at the time of his or her death.
  • A statement that the witnesses do not stand to gain financially from the Decedent’s estate.

Once the Affidavit of Heirship has been signed and recorded in the deed records of the county in Wisconsin, it attaches the Decedent’s real estate to his heirs. It is at this time that the title companies and real estate companies will allow the heirs to sell the property.

However, if a person dies intestate, the State of Wisconsin will make a will for the person. The purpose of a Wisconsin Affidavit of Heirship in an intestacy case is to describe family history and state exactly to the court who the heirs are. The Wisconsin Heirship Affidavit must be signed under oath by a person familiar with these facts. The document is then filed in the real property records of the county where the property is located.

For real property, the Wisconsin Affidavit of Heirship may be filed with the deed records office of the county in which the property lies. Multiple properties can be covered under the same Heirship Affidavit so long as they are located in the same county. For personal property, the Heirship Affidavit should be presented to any individual or business that has authority to release the property.

The Wisconsin 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.

A Wisconsin Affidavit of Heirship gives absolute evidence of the family history of the Decedent and his or her heirs, so legal means can be applied to the facts concluding the legal inheritance of the property. Title companies accept a Wisconsin Affidavit of Heirship during the transfer of real estate.

]]> http://affidavitofheirship.com/wisconsin-affidavit-of-heirship/feed/ 0