Affidavit of Heirship

Create Document

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. Whether an affidavit of heirship is required depends on the state laws and the nature of the estate.

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. Whether an affidavit of heirship is required depends on the state laws and the nature of the estate.

Create Document
PDF
Word (.docx)
OpenDocument
PDF
Word (.docx)
OpenDocument

Last updated March 18th, 2025

Document Preview

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. Whether an affidavit of heirship is required depends on the state laws and the nature of the estate.

Downloads: 104
  1. Home »
  2. Affidavit »
  3. Affidavit of Heirship

Affidavit of Heirship Purpose

An affidavit of heirship is a sworn statement identifying the heirs to an estate. However, its purpose and when it’s required vary by jurisdiction and the particulars of the estate.

In some states, like Texas, title companies may accept the affidavit as proof of an heir’s ownership without the property needing to go through probate.

In New York, the affidavit is used in court if the decedent was survived by one or none of its distributees, or if the only surviving distributees are the decedent’s extended family.

Sample

Download: PDF, Word (.docx), OpenDocument

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 parent’s were: [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 ☐ Don’t Know
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 ☐ Don’t Know
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: ______________

State of [STATE]
County of [COUNTY]

Subscribed and sworn to (or affirmed) before me on this [DAY] day of [MONTH], [YEAR], by [AFFIANT], proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.

WITNESS my hand and official seal.

Signature: ________________________

My Commission Expires: _______________

(Seal)