Florida Affidavit of Heirship

Florida Heirship AffidavitsThe Florida Affidavit of Heirship form is for a person, in nearly all accounts one related to the deceased, to complete documenting the heirs of the deceased person. The Florida Heirship Affidavit is used by the court to establish ownership of all personal and real property not identified by the will. Florida Heirship Affidavits are recorded in official land records.

The heirship process must be started within a few years after the person died. There must be no will and there must be no need for court administration of the deceased's estate. The heirship proceedings must be started in the county where the deceased lived, or in a county where the real or personal property of the deceased is located. If the decedent did not own any real property, then the proceedings may be started in the county where the decedent had personal property.

The person executing the affidavit should not be an heir of the deceased, or other person interested in the estate. State of Florida Heirship Affidavits must be signed by a notary public.

A Florida affidavit of heirship is used to state the heirs of a deceased person. It is commonly used to verify ownership of personal and real property. It may be recorded in official Florida land records when needed to establish ownership.

The following is an example of the use of a Florida heirship affidavit: Someone dies without a will, leaves an heir, and no estate is opened. When the heir sells the land, the heir obtains a Florida heirship affidavit to record with the deed to the estate. The person executing the affidavit of heirship in Florida should not be an heir of the deceased or other person interested in the estate. The Florida affidavit of heirship must be signed by a notary public.


Download a free Florida Affidavit of Heirship form online.



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