Affidavit of Heirship

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An affidavit of heirship is a document identifying the heirs to a deceased person’s estate. It’s used by the courts to determine a decedent’s lineage and which individuals are entitled to inherit assets or property. The use of an affidavit of heirship varies per state; some require it only when an estate has not gone through probate or administration, while others require it for all estates.

Affidavit of Heirship

An affidavit of heirship is a document identifying the heirs to a deceased person’s estate. It’s used by the courts to determine a decedent’s lineage and which individuals are entitled to inherit assets or property. The use of an affidavit of heirship varies per state; some require it only when an estate has not gone through probate or administration, while others require it for all estates.

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Last updated February 18th, 2025

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An affidavit of heirship is a document identifying the heirs to a deceased person’s estate. It’s used by the courts to determine a decedent’s lineage and which individuals are entitled to inherit assets or property. The use of an affidavit of heirship varies per state; some require it only when an estate has not gone through probate or administration, while others require it for all estates.

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Affidavits of Heirship

An affidavit of heirship is a sworn statement that lists the individuals eligible to inherit a decedent’s estate. It is completed by a disinterested party (someone without any claim to the estate) and signed before a notary public. Depending on the jurisdiction, submitting the affidavit may be required as part of the petition for probate.

In some states, such as Texas, an affidavit of heirship is generally only necessary when the decedent didn’t leave a will. Other states, such as New York, require the affidavit for all estate proceedings.

Who fills out an Affidavit of Heirship

A disinterested party must complete and sign an affidavit of heirship. This is an individual not entitled to any of the decedent’s estate. Some states may have additional requirements, such as the affiant must have known the decedent for at least a certain number of years.

Sample

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AFFIDAVIT OF HEIRSHIP
RE: ESTATE OF [DECEDENT NAME]

I, [AFFIANT NAME], being duly sworn, depose and say:

1. I am over the age of 18 and reside at [AFFIANT ADDRESS]. My relationship to the decedent is [RELATIONSHIP]. I knew the decedent for [#] years from [MM/DD/YYYY] until the decedent’s death.

2. The decedent died on [MM/DD/YYYY], and their place of death was [PLACE OF DEATH]. At the time of their death, the decedent’s residence was at [DECEDENT ADDRESS].

3. I hereby answer the following based on my personal knowledge of the decedent and they are true and correct to the best of my knowledge:

    1. Did the decedent leave a will? ☐ Yes ☐ No
      • If yes, has it been filed with probate? ☐ Yes ☐ No
      ◦ If yes, in what county and state? [COUNTY AND STATE]
    2. If the decedent did not leave a will, has there been an administration of their estate? ☐ Yes ☐ No
      • If yes, in what county and state? [COUNTY AND STATE]
      ◦ If yes, who is the appointed administrator? [ADMINISTRATOR NAME]
    3. At the time of death, the decedent’s marital status was:
      ☐ Married       ☐ Divorced       ☐ Single       ☐ Widowed

4. The decedent’s marital history is as follows: [LIST SPOUSES, INCLUDING NAME, DATE OF MARRIAGE, DATE OF DIVORCE, AND DATE OF DEATH]

5. The decedent had the following children (biological or adopted): [LIST CHILDREN, INCLUDING NAME, DOB, ADDRESS, SPOUSAL PARENT, AND DATE OF DEATH]

6. If the decedent had any deceased children who were survived by their own children, fill out the information below. The decedent had the following grandchildren who are heirs of their deceased child(ren): [LIST GRANDCHILDREN, INCLUDING NAME, DOB, ADDRESS, AND PARENT NAME]

7. If the decedent was not survived by any children or grandchildren, fill out the information below. The decedent’s mother was: [NAME, DOB, ADDRESS, AND DATE OF DEATH]

The decedent’s father was: [NAME, DOB, ADDRESS, AND DATE OF DEATH]

8. If the decedent was not survived by any children, grandchildren, or parents, fill out the information below. The decedent had the following siblings (biological or half): [LIST SIBLINGS, INCLUDING NAME, DOB, ADDRESS, AND DATE OF DEATH]

9. If the decedent had any deceased siblings who were survived by their own children, fill out the information below. The decedent had the following nephews and/or nieces who are heirs of their deceased sibling(s): [LIST NEPHEWS/NIECES, INCLUDING NAME, DOB, ADDRESS, AND PARENT NAME]

10. Did the decedent own interest in any real property? ☐ Yes ☐ No
If yes, provide the legal description of each property: [PROPERTY DESCRIPTION]

11. Did the decedent leave any unpaid debts at the time of death? ☐ Yes ☐ No
If yes, list the debts: [DEBTS]

By signing below, I am declaring under penalties of perjury that I have read the foregoing affidavit of heirship and the facts stated therein are true to the best of my knowledge.

(Do not sign until you are in front of a notary or clerk.)

Affiant’s Signature: _____________________________
Print Name: [AFFIANT NAME]
Date: ______________

NOTARY ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

 

State of [STATE]
County of [COUNTY]

The foregoing instrument was acknowledged before me, [NOTARY PUBLIC NAME], on [MM/DD/YYYY], by the undersigned, [AFFIANT NAME], who is personally known to me or satisfactorily proven to me to be the person whose name is subscribed to the within instrument.

WITNESS my hand and official seal.

Signature: ________________________

(Seal)