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Understanding the affidavit of heirship

• An affidavit of heirship is a document used to affirm the identity of heirs and their respective shares of a deceased person's estate. It serves to clarify ownership without the need for probate.
• This form should be completed when there isn't a will, or when a will is not probated. It's crucial to meet legal requirements to ensure the document is valid.
• A disinterested party must sign as the Affiant, confirming that they have personal knowledge of the deceased's family structure. This lends credibility to the affidavit.

When should you use the affidavit of heirship?

• You should use this affidavit when a decedent’s estate needs to be settled without a will, particularly in situations involving property transfers.
• If a will exists and is probated, heirs are typically identified through that document. Conversely, the affidavit serves as an alternative in its absence.
• Proper filing is essential to avoid disputes over heirship, which can lead to legal complications. Ensure all information is complete and accurate.

How to fill out an affidavit of heirship

• Start with the reported owner's name and claim number. Ensure you follow the instructions for filling out the top section accurately.
• List the Affiant details, including their name and address. The Affiant should also state their familiarity with the deceased's family and marital history.
• Provide details about any spouse(s), including names and dates of marriage. Report if the decedent was never married.
• Fill in details required for any natural or adopted children. If no children exist, include information on family representation.
• Include information for grandchildren born to the decedent's children. If none exist, state that clearly.
• List parents if there are no surviving spouse or children. Provide relevant information and follow section instructions carefully.
• Fill out sibling information and any other relevant family members. If no siblings are present, report that too.

Cautions and best practices

• Accurate information is critical to prevent legal issues later. Double-check all details in the affidavit.
• Submitting false information in the affidavit can lead to severe consequences, including legal action against the Affiant.
• Store the affidavit securely and ensure that all involved parties have access to it when necessary. Regularly review it for any required updates.

Accessing and editing your affidavit of heirship on pdfFiller

• Start by accessing pdfFiller’s platform. This allows you to fill out the affidavit easily from anywhere.
• Use pdfFiller’s editing and eSign tools to ensure the affidavit is up to date and legally binding.
• Save your finalized affidavit securely online. You can also print or submit it directly from pdfFiller.