Affidavit of Heirship

Affidavit of Heirship

An affidavit of heirship is a legal document filed in court by the beneficiaries of an estate to help transfer the deceased person's real estate or personal property.
Our affidavit of heirship
  • Checkmark Helps transfer the decedent's interest in real estate or personal property to his or her heirs
  • Checkmark Helps speed up the estate settlement process by avoiding probate
  • Checkmark Is compliant throughout all states and the District of Columbia
  • Checkmark Provides step-by-step guidance to easily construct your agreement

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Complete your affidavit of heirship in 4 steps

Complete Obligations

1
Collect Information

Gather all the relevant information to complete your document. This may include the name and address of the deceased party, the date and location of the Decedent's death, addresses, birth dates, and other details of spouses, children, and other heirs of the Decedent.

Man Laptop Questions

2
Answer Key Questions

Use the information you collected to complete the affidavit of heirship. We make this easy by guiding you at each step of the way and helping you to customize your document to match your specific needs. The questions and information we present to you dynamically change depending on your answers and the state selected.

Review and Sign

3
Review, Sign, and Notarize

It is always important to read your document thoroughly to ensure it matches your needs and is free of errors and omissions. You must sign the affidavit in front of a notary public. When using a notary, always be sure to wait to sign the document until he or she is present.

File document / complaint

4
File with the Court

Once complete, attach all relevant documents and file the affidavit with the appropriate court. If you are naming real estate to be transferred in the affidavit, then the affidavit will also need to be filed with the appropriate land records office in the county where the land is located (usually called the County Recorder's office). 

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Help Guide

Table of contents

In the event that a person dies without leaving a last will and testament or without disposing of all of his or her property in a will, then you can use an affidavit of heirship to transfer the decedent's interest in real estate or personal property to his or her heirs. While this is the most common use, you can also use this document simply to name the decedent's heirs for a court. An affidavit of heirship is thorough in providing the relevant information, but if any of the questions do not apply to your decedent, then feel free to skip them. The information below will lead you through creating the form.

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Complete your affidavit in minutes with LegalNature's intuitive, step-by-step guidance.