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Heirs can identify themselves as the decedent’s lawful heirs. It is important to note that, in some states like California, a small estate affidavit is used rather than an affidavit of heirship.īy providing this information, the heirship affidavit helps the court to designate the assets of the decedent by providing the age and location of a decedent’s heirs.Īn affidavit of heirship is a good option to handle an interstate state when the: These affidavits are generally used when a person dies without a will but only has real property, personal property or had a small estate. Should be filed in every probate case to provide the court with the necessary information on the decedent's heirs. Although the requirements vary depending on the county that the probate court is in, an When someone passes away without a will, their heirs may need to open a probate court case in order for the title of the properties in the estate to pass to them. In this affidavit, the affiant must include the name, age, and address of all the deceased's living relatives and if a relative has passed away, the affiant must provide the name and the date of death of that relative. So, an affidavit of heirship is an affidavit where the person providing the affidavit, the affiant, provides detailed information about a deceased person's heirs – or the people who inherit the deceased person’s estate. In this post, we’ll look at the affidavit of heirship in more detail.Īn affidavit is a written statement given under oath and verified, usually by a notary, that provides facts that can be used as evidence in court. But how does the affidavit of heirship work and what information should it contain. It helps to establish who the decedent’s heirs are and how their assets should be distributed. In this case, the affidavit of heirship plays a vital role. When a person passes away without a will, however, it can be challenging to determine who the decedent’s heirs are. When someone passes away with a valid will, each heir’s inheritance is determined in terms of the will.