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Affidavit of Heirship

Affidavit of Heirship

It is a legal document which lays down who would be the heir of a deceased person. Read on to find out more about it.
Medha Godbole
Heirship pertains to the inheritance rights laid down in a deceased person's will. There is a legal document for that, known as the affidavit of heirship. It is basically a legal document which clearly states who is going to be the heir of the deceased person. It is most commonly employed to establish the ownership of real and personal property. It is thus a kind of document establishing inheritance rights.
Affidavit of Heirship Forms
Heirship forms are applicable to children, family members, friends, associates or anyone else who is entitled by law to the property of the person who is deceased. This is used in case a living will is not left by the deceased. For instance if a person dies without a will and has a son and no estate is opened, when the son sells the land, the son gets heirship affidavit to go as a record with the deed. Here are a few examples.






being duly sworn, depose(s) and say(s):

That (s)he is the heir of deceased, who acquired title to premises by deed dated recorded on in, described as (the "Premises"). That said died a resident of the County of State of New York, on the day of, 20, seized of said premises, leaving him/her surviving as his/her only lawful distributees, the following named persons:




That said decedent left him/her surviving no husband or wife, no child or
children, (legitimate or illegitimate), no adopted child or children, no descendants of any
deceased child or children, no descendants of any deceased adopted child or children, no
father or mother, no brothers or sisters, no issue of any deceased brothers or sisters, no
grandparents, no uncle, no aunt, and no issue of a deceased uncle or aunt other than those
above named.

That all the persons above named are of full age, except:

That all the persons above named are of sound mind, except:

That said deceased in his/her lifetime was a citizen of the United States or a subject of

This affidavit is made to induce acting through to issue its policy of title insurance covering the
above premises knowing that it relies upon the truth hereof.

Sworn before me on .

Notary Public
This was an example of a general heirship affidavit, regarding property rights and so on. There is a similar document for motor vehicles as well. All these matters are dealt with and tackled in the probate court. In addition to heirship, it also resolves matters of estate and property and estates of deceased persons.
Filing an Affidavit
Typically an heirship affidavit has to be witnessed by a couple of individuals who used to know the deceased, but they would in a way are going to benefit from the estate. Heirs and witnesses have to be able to tell the date of death of the deceased. They should also clarify and verify that the person who died has no outstanding risks. However, the person who implements the affidavit should preferably not be an heir of the deceased or any other person who might be interested in the estate. Finally, it has to be signed by a public notary.
The above format was a standard sample of how an affidavit form looks like. You can download a free form from the umpteen Internet resources. You can even fill the form up online itself and then print it.