Free Affidavit of Heirship Form

A free Affidavit of Heirship form is used to transfer real property instead of going through probate when a person dies without a will. An Affidavit of Heirship should only be used when all heirs agree to not probate the will.

An Affidavit of Heirship is needed to identify the heirs of the estate and gives notice to the court that a person has died intestate, or without a will.

If a person dies without a will, Heirship proceedings could be undertaken to determine the heir to the property. Most of the time it’s the surviving spouse and heirs of the decedent. During an Heirship determination proceeding, the court determines the heirs and who will inherit the estate.

Free Affidavit of Heirship Form

Instead of going through the probate process to receive title to property, the heirs can file an Affidavit of Heirship in deed records of the county where the real estate was owned by the Decedent. Once the Affidavit of Heirship is signed and filed in the deed records, it links the title of the real estate to the heirs. It is at this time, the heirs are allowed by law to transfer ownership of the property.

Affidavit of Heirship Form

You can download the following free Affidavit of Heirship form and tailor it to your needs. Fill free to copy and paste the document, then print out the form as needed:
Free Affidavit of Heirship Form

Free Affidavit of Heirship Form

This Affidavit of Heirship must be filed in the County Clerk’s record

This Affidavit of Heirship must be completed by a third disinterested party (Affiant) who will not benefit from the decedent’s estate. Do not complete this form if the decedent left a will that was probated in court or there has been some other type of court determination to the estate.

Affidavit of facts concerning the identity of Heirs for the Estate of:

_____________________________________________

Before me, the undersigned authority, on this day personally appeared:

________________________________________

(“Affiant”) who, being first duly sworn, upon his/her oath states:

1. My name is: _______________________________________________________.

I live at:____________________________________________________________

I am personally familiar with the family and marital history of: ______________________________________________ (Decedent), and I have personal knowledge of the facts stated in this Affidavit.

2. I knew the decedent from ________________ until ________________ Decedent died on ______________________ .

Decedent’s place of death:

___________________________________________ CITY STATE COUNTY

At the time of decedent’s death, decedent’s residence was:

___________________________________________ CITY STATE COUNTY

3. Provide the following information on the deceased’s marital history:
(If never married, please state that below.)

NAME OF SPOUSE / DATE OF MARRIAGE / DATE OF DIVORCE / DATE OF SPOUSE’S DEATH

4. Provide the following information on the deceased’s natural born and adopted children:
(If there are none, please state that below. If additional space is needed, please provide information as an attachment.)

NAME OF CHILD / ADDRESS / DATE OF BIRTH / NAME OF CHILD’S OTHER PARENT / DATE OF CHILD’S DEATH

5. Provide the following information on the deceased’s grandchildren, born only to the deceased children in Item 4, above: (If there are none, please state that below.)

NAME OF CHILD / ADDRESS / DATE OF BIRTH / NAME OF GRANDCHILD’S DECEASED PARENT

6. If the decedent never married and did not have any children, provide the following information on the deceased’s parents:

DECEASED’S PARENT’S NAMES / PARENT’S CURRENT ADDRESS / PARENT’S DATE OF DEATH

7. Provide the following information on the deceased’s brothers and/or sisters: (If there are none, please state that below.)

NAME OF BROTHER’S OR SISTER’S / CURRENT ADDRESS / DATE OF BIRTH / BROTHER’S OR SISTER’S DATE OF DEATH

8. Provide the following information on the deceased’s nieces and/or nephews born only to the deceased brothers/sisters in Item 7, above: (If there are none, please state that below. If additional space is needed, please provide information as an attachment.)

NAME OF NIECES OR NEPHEWS / CURRENT ADDRESS / DATE OF BIRTH / NIECES OR NEPHEWS DECEASED PARENT

 

Signed this ____ day of ____________________, ____________.

_____________________________________________________________________________________
(SIGNATURE OF AFFIANT)

State of _________________________

County of _______________________

Sworn to and subscribed to before me

on _________________________________________________
(DATE)

by ________________________________________________________________________________
(NAME OF AFFIANT)

_____________________________________________________________________________________
(NOTARY SIGNATURE)
(Notary Seal)
My commission expires: _____ day of __________________, _______.

THIS FREE AFFIDAVIT OF HEIRSHIP FORM MUST BE FILED IN THE COUNTY CLERK’S RECORD.