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.
When to Use an Affidavit of Heirship Form
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.
Affidavit of Heirship has a huge inventory of blank Affidavit of Heirship forms. Following is a a blank Heirship Affidavit form:
- Or, just go here to start a free Affidavit of Heirship form customized with your personal information completely online.
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.
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
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
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
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
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: