AFFIDAVIT OF HEIRSHIP SAMPLE
An affidavit of heirship is a legal document that proves your ownership over the assets of a deceased family member. It also outlines the deceased person's family history and the identity of heirs.
This document can be used in most states to transfer ownership of property left by a deceased person to their heir and allows for properties to be inherited without the necessity of drafting a will or a court proceeding.
The immediate legal heirs of a deceased person who are legally entitled to collect an inheritance are the children, the spouse and the parents. The deceased person's grandchildren and other close relatives will become legal heirs in case immediate legal heirs are not found, only then they will be able to inherit any property or money left by the deceased.
TYPES OF HEIRS
Direct direct line of decedent or lineal heir/class 1: parents, children, grandchildren, and grandparents.
Collateral heir/class 2: A person who is not of direct descent, but is related through a collateral line.
What happens to the property of a deceased person without a heir?
If no Class I or II heirs are found, then the property will first go to agnates (distant blood relatives of male lineage) and if no agnates are available then to cognates (distant blood relatives of male or female lineage). And if there are no cognates, then the government will take over the estate.
How can a person prove he or she is the heir?
If you are named as an heir, you can prove it by showing the estate trustee your identification or providing an affidavit of heirship.
AFFIDAVIT OF HEIRSHIP SAMPLE
State of: ______________
County of: ______________
I hereby state that I ________________________, currently residing at __________________
do solemnly declare and affirm as under:
1. That I am a surviving child of the decedent __________________ who is my ___________
who has died on ____/____/______ in ________________________________.
_____Leaving a written will
_____WITHOUT Leaving a written will
2. That the decedent _________________
___ Has been married to ____________________
___ Has NOT been married or has No living partner
Name of Spouse - Date of Marrieage - Date of Divorce - Date of Death - Address
_______________ ___/___/_____ ___/___/_____ ___/___/_____ ______________
Name of Spouse - Date of Marrieage - Date of Divorce - Date of Death - Address
_______________ ___/___/_____ ___/___/_____ ___/___/_____ ______________
3. That listed below are the decedent’s natural born and adopted children:
Child’s Name & Address - Child’s Birth Date - Child’s Other Parent
____________________ ____/____/______ ________________
Child’s Name & Address - Child’s Birth Date - Child’s Other Parent
____________________ ____/____/______ ________________
4. That listed below are the decedent’s DECEASED natural born and adopted children:
Child’s Name & Address - Child’s Birth Date - Child’s Other Parent - Date Of Child’s Death
____________________ ____/____/______ ________________ ___/___/_____
Child’s Name & Address - Child’s Birth Date - Child’s Other Parent - Date Of Child’s Death
____________________ ____/____/______ ________________ ___/___/_____
5. That I am executing this affidavit in good faith to attest to the truth that there is no other heirs except for the above-named heirs of the said deceased and for whatever legal purpose it may serve.
I swear under penalty of perjury that the foregoing is true, correct, and complete to the best of my knowledge and belief.
Signed this __________day of ___________ , ______________________________.
_________________________________________
(SIGNATURE)
State of __________________________ County of ____________________________
Sworn to and subscribed to before me on ____/____/______ by
_________________________________________
(SIGNATURE OF WITNESS BEFORE NOTARY)
_____________________________________
(PRINTED WITNESS NAME)
_____________________________________
(NOTARY SIGNATURE)
(Notary Seal) My commission expires: __________ day of __________ , ____ .
Don’t forget to sign the Affidavit of Heirship in front of a Notary Public, so it can be notarized.
Don’t forget to send copies of the recorded forms to the appropriate organizations and keep a copy for your files.
Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, D.C., Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, Wyoming.
Return from Affidavit of Heirship Sample to Home page.
DISCLAIMER: LegalHandle.com provides internet content that is designed only to entertain and inform and is not to be considered professional law/legal advice. Consult a licensed attorney or law firm in your State of residence who will advise and answer all your questions and concerns about any legal issues you may have.
