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Affidavit of Heirship

Affidavit of Heirship

When an individual dies intestate, their assets, money, or other possessions cannot be transferred or sold without removing the decedent’s name. Probate records usually demonstrate that the real estate is passed to someone else. However, an affidavit of heirship may be a less time-consuming alternative to probate in many cases.

An affidavit of heirship is a formal document drafted to appoint the legal heirs of someone who dies without a will. Essentially, it is a sworn statement utilized to establish property ownership. Generally, it concerns only personal property or small estate. Sometimes, the heirs might need to open a probate to transfer the property title. To avoid the expenses and time involved with probate, an affidavit of heirship can seem feasible.

Children and close or distant relatives of the decedent usually qualify as legal heirs. Spouses do not classify as legal heirs as they are entitled to receiving assets or property under marital laws. Heirs are different from beneficiaries entitled to receive the estate as specified by the decedent under a will or trust. However, it isn’t unusual for the beneficiaries to be legal heirs in some situations.

The laws encompassing heirship and intestacy can be confusing and complicated to navigate, particularly when you are already grieving losing a loved one. Therefore, consulting an estate attorney from Daniel Albert Law Firm can help you understand whether you need an affidavit of heirship or probate.

Affidavit of heirship may be a good option to use with intestate estates, if:

  • The decedent passes away without a trust or will
  • You can identify yourself as the decedent’s legal heir
  • You do not wish to go through the lengthy probate procedure
  • All heirs have mutually agreed upon the distribution of the estate
  • A third party can verify your rights to the estate

It is crucial to remember that you cannot establish an affidavit of heirship in all circumstances. Besides, the state laws, too, differ on its use. Thus, you must always seek the advice of a proficient attorney when handling an intestacy situation.

Filing this document necessitates comprehensive information about the decedent and the family history. It is similar to establishing the decedent’s family tree. While filing an affidavit of heirship may be best left to professionals, here are some details on what you must include:

  • Decedent’s name and address
  • Decedent’s date and place of death
  • Decedent’s family members
  • Decedent’s marital history

When Should You Contact An Estate Attorney?

If a loved one dies intestate, get in touch with a Daniel Albert Law Firm estate attorney. We can confirm if an affidavit of heirship or other probate alternative is applicable in your case. Our skilled and compassionate attorneys understand how to help grieving families determine the best course of action. At our law firm, we assume it as our responsibility to protect clients like you. Have more questions? Our capable attorneys will be glad to help. Call us at 832-930-3059 to book a consultation.

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