Affidavit of Heirship: Purpose, What's Included
Jump to Section
Quick Facts — Affidavit of Heirship Lawyers
- Avg cost to draft an Affidavit of Heirship: $1950.00
- Lawyers available: 37 estate planning lawyers
- Clients helped: 54 recent affidavit of heirship projects
- Avg lawyer rating: 4.0 (3 reviews)
When someone passes away with a valid will, each heir’s inheritance is determined in terms of the will. When a person passes away without a will, however, it can be challenging to determine who the decedent’s heirs are.
In this case, the affidavit of heirship plays a vital role. It helps to establish who the decedent’s heirs are and how their assets should be distributed. But how does the affidavit of heirship work and what information should it contain.
In this post, we’ll look at the affidavit of heirship in more detail.
What is an Affidavit of Heirship?
An affidavit is a written statement given under oath and verified, usually by a notary, that provides facts that can be used as evidence in court.
So, an affidavit of heirship is an affidavit where the person providing the affidavit, the affiant, provides detailed information about a deceased person's heirs – or the people who inherit the deceased person’s estate. In this affidavit, the affiant must include the name, age, and address of all the deceased's living relatives and if a relative has passed away, the affiant must provide the name and the date of death of that relative.
Here is an article about affidavits of heirship.
Purpose of an Affidavit of Heirship
When someone passes away without a will, their heirs may need to open a probate court case in order for the title of the properties in the estate to pass to them. Although the requirements vary depending on the county that the probate court is in, an heirship affidavit should be filed in every probate case to provide the court with the necessary information on the decedent's heirs.
These affidavits are generally used when a person dies without a will but only has real property, personal property or had a small estate. It is important to note that, in some states like California, a small estate affidavit is used rather than an affidavit of heirship.
By providing this information, the heirship affidavit helps the court to designate the assets of the decedent by providing the age and location of a decedent’s heirs.
An affidavit of heirship is a good option to handle an interstate state when the:
- Heirs can identify themselves as the decedent’s lawful heirs.
- They want to take possession of the estate without going through the entire probate process.
- The heirs have agreed on how the estate should be distributed amongst them.
- There is a third party who can verify the heirs’ rights to the deceased's estate.
Ultimately, the affidavit of heirship speeds up the probate process by providing all the relevant details of the relatives, and heirs can avoid the time and expense necessary to handle the intestate estate.
Here is an article about the purpose of an affidavit of heirship.
481 projects on CC
CC verified
What’s Included In An Affidavit of Heirship
The affidavit of heirship must contain the following information:
- The details of the affiant . The affiant is the person swearing to the facts in the affidavit. It's important to note that the affiant can't be an heir of the decedent as this would result in a conflict of interest. In other words, when the affiant is an heir of the decedent, it might give the affiant reason to lie in the affidavit.
- The decedent’s details . The decedent is the person who has passed away without a will. It's this person’s heir’s that is named in the document by the affiant.
- The decedent’s marital status . If the decedent was married, it's necessary to provide full details of every spouse, when the marriage was terminated, and why the marriage was terminated.
-
Details of the decedent’s children
. Full details need to be given about the total number of children the decedent had, including both children born to the decedent and those who were adopted. For every child, full details need to be provided, which include:
- Name of the child
- Date of birth of the child
- Name of the child's other parent, and the
- Child's address.
If the child is already deceased, the date of death should be provided.
- Details of the decedent’s other relatives . If the decedent has no living spouses, children, or grandchildren, details need to be given about the decedent's father, mother, brothers, or sisters. If there are none, the names of any other living relatives. It’s worth noting that friends of the decedent are typically not heirs, but if the decedent named a friend to inherit property, then the details of such a friend can be included.
- Details of the decedent’s real estate and other property . If there is any property that needs to be transferred to the decedent’s heirs, full details of the properties should be given. Likewise, if the decedent isn't transferring any properties or assets to the hairs, this information is not necessary.
Apart from the information above, information can also be provided about the decedent’s debts and liabilities.
The affidavit of heirship, once completed, must be signed and a witness must witness the signature. It's also necessary that a notary public witness the signature of the affidavit. Once the affidavit is completed, signed, and notarized, it needs to be filed with the appropriate court or county recorder's office depending on whether real estate is involved.
Once this is done it creates a record of the decedent’s heirs which can speed up the estate settlement process.
Here is an article about what’s included in an affidavit of heirship.
Image via Pexels by Vidal Balielo
Who Needs an Affidavit of Heirship?
Because the affidavit of heirship can establish who legal heirs of the decedent are, what property the decedent left behind, and how the assets of the decedent should be distributed, heirs need an affidavit of heirship in the event that the decedent passed away without a will.
Also, because it speeds up the probate process and can be executed without involving the probate court, it’s even used in some cases where there is a will.
Get Help With An Affidavit of Heirship
Whenever someone passes away without a will, an affidavit of heirship plays a crucial role in identifying all of the decedent’s heirs. It could, however, be complicated, especially for laypeople to prepare on or know what information it should contain.
Fortunately, estate planning lawyers and probate lawyers have the knowledge and experience to give advice and help where necessary. For more information on estate planning and probate lawyers, visit our website for more details.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Need help with an Affidavit of Heirship?
Meet some of our Affidavit of Heirship Lawyers
Alton H.
I am a U.S.-licensed attorney with more than a decade of experience in complex litigation and intellectual property matters. I have practiced at leading Am Law firms including Pillsbury Winthrop Shaw Pittman, Arent Fox, and Sughrue Mion, and I currently operate my own law practice. I have extensive experience handling high-stakes patent litigation, drafting pleadings and briefs, managing large-scale discovery, preparing and defending depositions, and appearing before federal courts and administrative bodies such as the PTAB and ITC. I hold a J.D., cum laude, from The George Washington University Law School and advanced technical degrees in chemistry and chemical engineering, which allow me to efficiently handle technically complex matters. I am admitted in multiple jurisdictions, including New York, Virginia, New Jersey, and the District of Columbia, and I regularly provide high-quality remote legal support to clients nationwide.
"It was great working with Alton; quick response and great results."
David B.
A twenty-five year attorney and certified mediator native to the Birmingham, Alabama area.
"David was able to meet my turnaround time and still do a thorough job and provide great feedback on my document."
Drew B.
Drew is an entrepreneurial business attorney with over twenty years of corporate, compliance and litigation experience. Drew currently has his own firm where he focuses on providing outsourced general counsel and compliance services (including mergers & acquisitions, collections, capital raising, real estate, business litigation, commercial contracts and employment matters). Drew has deep experience counseling clients in healthcare, medical device, pharmaceuticals, information technology, manufacturing, and services.
"Hired for a settlement contract to be written out in legal manner. Ammended contract as well to add clauses that we had not written.Efficient, professional. Said the time-frame would be about 4 business days and he did deliver on that in fact worked through the weekend and mlk day. Offered one final revision as well as a call to finalize language of contract. The final document delivery was more than we expand also he went above and beyond to deliver extra documents we may need. Would highly recommend."
Ricardo A.
Ricardo Aponte Parsi is a real estate and corporate counsel with a 22+-year track record of assessing risk, managing litigation, and building compliance systems to protect organizational interests. Trusted business partner and problem solver, dedicated to delivering exceptional results that advance business objectives through preventive counseling, strategic risk management, and shrewd advocacy. Collaborative team leader and project manager who builds relationships, leads change, and communicates effectively with private and public stakeholders. He obtained a bachelor's degree from Syracuse University (1994) with a major in International Relations and his law degree from the Interamerican University of Puerto Rico School of Law (2000). In May 2014, he completed a Master of Laws from Northwestern University School of Law and a Certificate in Business Administration from IE Business School in Madrid, Spain. In 2018, he completed a second LL.M. at Georgetown University Law School in Securities and Financial Regulation. In 2022, he completed a certification in Privacy Law from Seton Hall University School of Law. He was president of the Board of the Puerto Rico Education Council, the licensing agency for the Commonwealth, and is currently the Chairman of the Board of Trustees of the San Juan Community College. Since November of 2024, he has worked as an attorney-advisor for the United States Air Force Installations, Energy and Environmental Law Division (SAF/GCN) at Lackland Air Force Base, in San Antonio, Texas.SAF/GCN provides legal and policy advice to members of the Secretariat, the Air Staff, and the Space Staff on virtually all matters relating to the Department’s 180 installations, nearly 10 million acres of real estate, Base Realignment, and Closure; annual $7 billion installation and operational energy budgets; annual multibillion-dollar military construction program; $8.3 billion military privatized housing portfolio; programs for environmental planning, compliance, and restoration and natural and cultural resources management; and programs for safety and occupational health. The Division advises the Center of Excellence for Environment, Facilities, and Installations and the Energy, Environmental, and Installations Directorates within the Air Force Civil Engineer Center. Experienced with estate planning, wills, trusts, prenuptial agreements and powers of attorney.
"Ricardo did a great job on our project, we will use him again."
Charles D.
At DACC.Law, we deliver high-quality, practical legal solutions specifically for entrepreneurs, real estate investors, and growing businesses. With more than 25 years of experience, our firm handles everything from contract drafting and review to entity formation, deal structuring, and risk mitigation. Clients rely on us for clear guidance on regulatory compliance, navigating complex transactions (including multifamily, landlords, developers), resolving disputes efficiently, and protecting their business interests. We combine deep legal expertise with a hands-on, results-oriented approach so you can move forward with confidence.
Brian S.
Corporate attorney with 16+ years of in-house counsel, people leadership and client management experience. Provides legal expertise and a business-oriented approach to problem solving and building lines of business. Consistently works under pressure, prioritizing and managing workload and simultaneous tasks to meet deadlines in a changing, fast-paced environment.
"Great work and communication. Would recommend working with Brian!"
John M.
Seasoned professional with experience in wide variety of contract negotiation and review.
Find the best lawyer for your project
Browse Lawyers NowLawyer Reviews for Affidavit of Heirship Projects
Draft or review disclaimer of inheritence
"I was so impressed with the speed, accuracy, cost and responsiveness of attorneyLori B. to my request for this project to be quickly completed. I would highly recommend her services and have absolutely no complaints about anything and am very satisfied with the final product. She\nWas very patient with my questions. And given my current very stressful situation , I cannot be more grateful to her. the final product I received from her."
ContractsCounsel User
Secure publishing rights back to author as self publisher
"the initial deal was a $1500 flat fee, thinking that Jane knew what she was doing, I agreed to it. Then the fee went up to $3,000, but was rejected by the publishing company. I am here to settle the $1500.00 flat rate fee, by paying $750.00 more."
ContractsCounsel User
Estate Planning
Affidavit of Heirship
New York
What are inheritance rights for niece and nephew?
My Aunt passed away July 9, 2021 and she had a will. On the will she stated that she wants everything left to my mother whom is deceased as well and executer of estate is my sister.
Jane C.
Does the will have a provision that states who will receive your aunt's assets if your mother predeceased her? If not, I believe the rules of inheritance found in the New York Statute will govern. https://www.nysenate.gov/legislation/laws/EPT/4-1.1. Your sister needs to go to the Probate Court and/or consult an estate attorney.
Quick, user friendly and one of the better ways I've come across to get ahold of lawyers willing to take new clients.
View Trustpilot ReviewNeed help with an Affidavit of Heirship?
Estate Planning lawyers by top cities
- Austin Estate Planning Lawyers
- Boston Estate Planning Lawyers
- Chicago Estate Planning Lawyers
- Dallas Estate Planning Lawyers
- Denver Estate Planning Lawyers
- Houston Estate Planning Lawyers
- Los Angeles Estate Planning Lawyers
- New York Estate Planning Lawyers
- Phoenix Estate Planning Lawyers
- San Diego Estate Planning Lawyers
- Tampa Estate Planning Lawyers
Affidavit of Heirship lawyers by city
- Austin Affidavit of Heirship Lawyers
- Boston Affidavit of Heirship Lawyers
- Chicago Affidavit of Heirship Lawyers
- Dallas Affidavit of Heirship Lawyers
- Denver Affidavit of Heirship Lawyers
- Houston Affidavit of Heirship Lawyers
- Los Angeles Affidavit of Heirship Lawyers
- New York Affidavit of Heirship Lawyers
- Phoenix Affidavit of Heirship Lawyers
- San Diego Affidavit of Heirship Lawyers
- Tampa Affidavit of Heirship Lawyers
Contracts Counsel was incredibly helpful and easy to use. I submitted a project for a lawyer's help within a day I had received over 6 proposals from qualified lawyers. I submitted a bid that works best for my business and we went forward with the project.
View Trustpilot Review
I never knew how difficult it was to obtain representation or a lawyer, and ContractsCounsel was EXACTLY the type of service I was hoping for when I was in a pinch. Working with their service was efficient, effective and made me feel in control. Thank you so much and should I ever need attorney services down the road, I'll certainly be a repeat customer.
View Trustpilot Review
I got 5 bids within 24h of posting my project. I choose the person who provided the most detailed and relevant intro letter, highlighting their experience relevant to my project. I am very satisfied with the outcome and quality of the two agreements that were produced, they actually far exceed my expectations.
View Trustpilot Review