Affidavit of Heirship Form

An Affidavit of Heirship form is a legal device for transferring property to the heirs of a deceased individual. The purpose of the Affidavit of Heirship is to identify heirs and give notice that a person has died intestate and that based on the testimony of two disinterested witnesses the heirs listed in the Affidavit of Heirship pursuant to a state's probate law are the individuals entitled to inherit the property in question. The Affidavit of Heirship is used to establish title to estate property where the sole asset is real property.

An Affidavit of Heirship is not part of a court proceeding and is not as reliable as other forms of administration of an estate. An Affidavit of Heirship must be filed of record in the county in which the property is located. The Affidavit of Heirship is prepared and details the decedent's heirship facts and the assets of the estate. The Affidavit of Heirship is signed before a notary public by two witnesses that are not a part of the estate. The Affidavit of Heirship is then filed in the real property records on file in a county clerk's office. offers DIY, state specific, free documents that you can customize with your own personal information.

The court does not appoint an administrator in an heirship proceeding because no formal administration is necessary. Financial institutions may insist on releasing estate funds to a court-appointed executor or administrator.

Remember when filing and Affidavit of Heirship these requirements must be met:
• The decedent must have died without leaving a will.
• No petition for the appointment of a personal representative is granted.
• Formal administration is not necessary.

Download a free Affidavit of Heirship form online.