How to Complete an Affidavit of Heirship
Filling out an Affidavit of Heirship is straightforward when you follow these steps:
- Gather supporting documents. Collect the death certificate, any available property deeds, and contact information for all known heirs before you begin.
- Identify the affiant. Select a credible person who knew the deceased well and can attest to the family relationships. This individual must not stand to inherit from the estate.
- Complete all required fields. Enter the decedent's full legal name, date of death, and last known address. Then list each heir's full name, address, and relationship to the deceased.
- Obtain two witness signatures. Have two disinterested witnesses who have personal knowledge of the family sign the form in front of a notary.
- Notarize the document. The notary will verify the identities of all signatories and apply their official seal, making the affidavit legally valid.
- File with the appropriate office. Submit the notarized affidavit to the county recorder, register of deeds, or title company that holds the property records.
Who Can Sign an Affidavit of Heirship?
The person signing as the affiant must have direct, personal knowledge of the deceased's family history. This is typically a long-time neighbor, a family friend of many years, or another non-inheriting relative. The affiant cannot be an heir or a person with a financial interest in the estate, as that would create a conflict of interest that most courts and recorders will reject.
Related Forms You May Need
Depending on your situation, you may also need to review the Affidavit of Death of Joint Tenant for jointly owned property, or consult a death certificate form to verify the required information about the deceased. Families with very small estates should also review whether a simplified small estate affidavit meets their needs instead.