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 an Affidavit of Heirship. Get a free Affidavit of Heirship today.
Build your own Affidavit of Heirship customized with your state and county information. DIY and save money with our free Affidavit of Heirship template. It takes only 5 minutes to fill out and the form is completely online.
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. Download a free Affidavit of Heirship that you can customize with your own personal information today.
Remember, 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 the Affidavit of Heirship, sign the Affidavit and then 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.
Fill Out a Free Affidavit of Heirship Form
Free Affidavit of Heirship Form
Copy and paste the free Affidavit of Heirship form below and insert it into a Word document. You can then tailor it to fit your needs.
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 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
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: