Affidavit of Heirship

Jul 24, 2025
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What is an Affidavit of Heirship?

An Affidavit of Heirship, also referred to as an "heirship affidavit", is a legal document used in circumstances where a deceased person did not leave a Last Will and Testament. This document identifies the legitimate heirs of a decedent's estate and is often used to establish ownership of personal and real property. The heirship affidavit serves as an official record, providing proof of inheritance rights to the decedent's properties.

Key Features

✓Identifies legitimate heirs of the deceased
✓Establishes inheritance rights to personal and real property
✓Often used when no Last Will and Testament is available
✓Can serve as proof of ownership transfer

When Should You Use an Affidavit of Heirship?

An heirship affidavit is often used in cases where the deceased died intestate, meaning without leaving a Last Will and Testament. It's also useful when the deceased's will is not probated, or when the deceased's personal and real property needs to be transferred to heirs without going through the probate process. This document, also known as "affidavit in lieu of title," can serve as proof of ownership transfer, especially when selling or transferring property rights.

Pros & Cons

Pros

✓Helps avoid probate process
✓Ensures legitimate heirs inherit property
✓Provides a legal record of rightful inheritance
✓Can expedite transfer of titles and assets

Cons

✗Cannot be used if there is a valid will
✗May not be accepted by all institutions or agencies
✗Difficulty in obtaining if potential heirs disagree

Common Uses

✓Transferring real property title after death of owner
✓Establishing inheritance rights to personal property
✓Transferring vehicle title after owner's death
✓Settling small estates without probate

An heirship affidavit, also known as an Affidavit of Heirship, is a legal document that identifies the legitimate heirs to a deceased person's estate, especially in cases where the person did not leave a Last Will and Testament.

The natural or legal heirs of a deceased can benefit from an Affidavit of Heirship. This may include the deceased's spouse, children, grandchildren, or any other person who stands to inherit under the laws of intestacy. Financial institutions, insurance companies, and other organizations may also require this document.

Yes, an Affidavit of Heirship can serve as a form of proof of ownership transfer, especially when selling or transferring property rights. It establishes the inheritance rights of the heirs, effectively transferring the title of the deceased's assets to them.

About this document

An affidavit of heirship is a legal document declaring heirs of a deceased person, used to establish inheritance rights and property transfers.

Create an Affidavit of Heirship

This document is designed to comply with the laws of all 50 states.

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Legal Notice: Comments are personal opinions and do not constitute legal advice. Always consult a qualified attorney for matters specific to your situation.