An affidavit of heirship is a document that indicates the heirs of the deceased person, confirms that they are entitled to inherit the assets, and proves their relationship to the decedent. Get your free affidavit of heirship template to make the form preparation process easy.
What is an Affidavit of Heirship
When a real estate owner dies, their name must be removed from the title before selling or transferring property. The title change occurs through probate proceedings, demonstrating that the deceased person’s property has passed to another individual.
However, heirs may avoid the full probate if the decedent did not leave a will and their assets are limited only to the real estate. In such cases, an affidavit of heirship can become a more efficient alternative to the time-consuming and costly probate process.
An affidavit of death and heirship establishes the decedent’s heirs and empowers them to transfer real property seamlessly. The types of property that can be settled with the affidavit of heirship vary in different states and may also include such personal property as bank accounts and automobiles.
The document primarily aims to distribute the passed person’s property correctly. Therefore, it must present all available information about the decedent and their family members.
An Affidavit of Heirship: When You Need the One?
The affidavit of heirship form is applied when an individual dies intestate, which means without a will, and owns the qualifying assets. Since the heirship affidavit indicates all the heirs, their age, and location, it helps the court to settle the assets appropriately. The following conditions will prompt that the affidavit of heirship may become your optimal solution to handle an intestate:
- The decedent’s family members can be entitled to the property as lawful heirs.
- The heirs wish to transfer the estate without undergoing the entire probate process.
- The family members do not have any disputes regarding the assets’ distribution.
- There is a disinterested party who can confirm the heirs’ rights to the decedent’s estate.
Therefore, heirs can expedite the property settlement process by completing the affidavit of heirship form. An affidavit provides all the relevant details, simplifying the court’s job and saving costs.
Essentially, the document represents a statement of fact proved by the applicant’s oath. Typically, courts use an affidavit of heirship form to transfer the property of a passed-away person without probate proceedings.
The Affidavit of Heirship Requirements: 2022-2023
You should state the following information in the affidavit of heirship form:
- The affiant’s details. The affiant is the individual who swears that the containing facts are true. Notably, the affiant can’t be an heir of the deceased as this would lead to a conflict of interest.
- The decedent’s details. The decedent is the individual who has passed away intestate (without leaving a will). The affiant names this individual’s heirs in the affidavit.
- The marital status of the decedent. The affidavit must contain information about the marriages and spouses of the decedent, including the dates and the reasons for marriage terminations if they took place.
- Details of the decedent’s children. If the decedent had children, including the adopted ones, an affidavit must state their total number and the following data:
- Dates of birth
- Name of the child’s other parent
- If the child is not living, the date of death should be indicated.
- Details of the deceased person’s relatives. If the decedent does not have spouses, children, or grandchildren, an affidavit must present details about the other relatives, such as father, mother, brothers, sisters, or any other living family members. The decedent also has the right to name a friend as an heir. In such cases, the friend’s details should also be included.
- The information on the decedent’s property. All the property, including a real estate that needs to be transferred to the deceased person’s heirs, should be stated on the affidavit, together with full details of the properties.
- The information on the decedent’s liabilities and debts.
Once you have completed your affidavit, you must sign it, confirm it with a witness’s signature, and notarize the form. Finally, you should file the document with the court or county recorder’s office.
After the procedure is completed, it creates a record of the deceased person’s heirs and expedites the estate transfer.
How to Notarize an Affidavit of Heirship Online
PandaDoc remote notarization platform offers the services of a state-approved notary who can perform online notarization within minutes. You can fill out the form flawlessly, download and share it according to your needs, and notarize it without leaving your home or office.
Download the affidavit of heirship template and follow our completion recommendations to save your time and effort.
Step 1: Signup/ Register
Enter your email address to access the PandaDoc platform. Select the bank affidavit of heirship template, which you can complete instantly online.
Step 2: Fill in and E-sign
Follow the form instructions to add the required fields. Your information must be correct and actual. Proofread your form and make corrections if needed. When everything is right, place your e-signature.
Step 3: Notarize in real-time
PandaDoc provides the convenience of legalizing your affidavit of heirship from the comfort of your home or any other place of your choice. Find the Notary tab in the upper menu and press ‘Notarize Now’. The service connects you with a state approved notary in a video call whose job is to verify your identity and notarize the form. At this step, you’ll need one of the ID documents per your choice.
Step 4: Download / Share the Form
Finally, when the notary places the e-signature, the form becomes a legal document. You can download a pdf, share online or print it out.
How to Fill Out an Affidavit of Heirship?
In this section, we will guide you through the affidavit of heirship completion process with the help of six distinct steps.
Step 1: Provide the affiant information
The person who fills out the affidavit (the affiant) must be a disinterested third party who can witness the relationship of the surviving family members and other heirs, if any, to the decedent for the purpose of property transfer.
The affiant data should include:
- A full name
- Date of birth
- The date when the affiant first met the decedent
Step 2: Fill in the decedent information
Outline the following data about the person who has passed away:
- Date of death
- Place of death:
- Zip code
- Place of decedent’s legal residence.
Step 3: Include marital information
If the decedent was married at the time of their death or earlier, you should state the details about their marriages.
- Dates (including the marriage end date, if applicable)
- Names of the spouses
Step 4: Add the information about heirs
Present the details of all the surviving heirs and their relationship to the deceased individual.
Step 5: Provide the final details
Include the governing law of the affidavit, write down the date, and sign the document.
The governing law is needed to guide the interpretation of the affidavit in case of a dispute.
Step 6: Notarize the affidavit
The notarization procedure involves signing the document before the notary public. By notarizing the affidavit, you verify its authenticity in the event of a dispute.
If you are wondering how to fill out an affidavit of heirship with minimum effort and cost, stay with PandaDoc. Here, you can get a free affidavit of heirship template, fill it out, and notarize it online.
What does an affidavit of heirship mean?
An affidavit of heirship is a legal document filled out and sworn by an affiant to witness the heirs of the decedent’s property. You can utilize the form to establish ownership of assets, including real estate and personal property, left by a deceased individual to their family members. With the affidavit of heirship, you can transfer property without a will or court proceedings.
How to write an affidavit of heirship?
The document has to be composed by a disinterested individual called an affiant. When filling out an affidavit of heirship, you should include the essential information:
- The affiant’s data
- The decedent’s data
- The decedent’s marital status
- The information of the decedent’s children and relatives
- The information about the decedent’s assets and debts
You must also include the signature of a witness who can testify the affiant’s signature and notarize the document to make it valid.
Where to get an affidavit of heirship form?
You can obtain a free affidavit of heirship form template online at PandaDoc. Our recommendations for completion will help you speed up the process, and our team is ready to help if you have any questions. The entire process, including filling out, sharing, notarizing, and filing the form, can be performed online.
Should the affidavit of heirship be notarized?
An affiant must notarize the affidavit of heirship to make it legally valid. The notarization procedure implies signing the document in front of the notary public. The notary must put their signature and a seal.
Streamline your notarization with the services of an online notary offered by PandaDoc.
Who can fill out an affidavit of heirship?
A person completing an affidavit of heirship must not be an heir. This individual should be a disinterested third party who knows the decedent and their family. By completing the affidavit, an affiant witnesses the decedent’s heirs and presents all the relevant facts.
Does an affidavit of heirship transfer title?
An affidavit of heirship does not transfer title to real property. Although it cannot automatically grant ownership of the assets, it is filed with deed records in the county where the deceased person owned their property. Ultimately, it establishes a clean chain of property title transfer to the decedent’s heirs.