How to Use an Affidavit of Heirship to Protect Real and Personal Property Upon Relative’s Death

How to Use an Affidavit of Heirship to Protect Real and Personal Property Upon Relative’s Death

In the event of the death of a loved one, an affidavit of heirship is necessary for the transfer of certain property or to record in the land records. There are different laws that govern this form in different states in the US and one should consult the local law manuals when considering making an affidavit of heirship.

This form becomes necessary to state the heirs of the deceased person and is commonly used for establishment of who owns the personal and real property and it must also be recorded in the official land records, if it is deemed to be necessary. To cite an example, when a person dies and does not leave a will and has a son and no estate is opened and the son sells the land it becomes necessary for the son to get an affidavit of heirship to record with the deed. A point to note is that the person who executes the document should preferably be not an heir of the deceased or be interested in the estate. In addition, the affidavit statement needs to be notarized.

To further elaborate, the affidavit of heirship is a means through which the surviving spouse and/or heirs and/or legatees of the deceased person are able to get title to the property of the deceased, whether real or otherwise.

In its basic form, the affidavit of heirship begins by stating under oath that there is a relationship between the people mentioned in the document that is referred to as the affiant and the decedent and such relationship is mentioned in the form, thus stating how the decedent and affiant know one another. Further, the date of the death of the decedent is specified and the affiant will also answer certain questions that are based on the personal knowledge of the affiant. These may include specifying whether a will was left or not, and whether an administrator or executor had been appointed for the estate of the decedent.

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The name and address of the widow or widower of decedent should be given and if the decedent had been married more than once the names of the former husband or wife should be also answered. In addition, all information relating to the children of the decedent should also be provided. Also, there should be information given regarding the decedent having any legally adopted children or step-children.

It is also necessary to state whether there is any inheritance tax due on the estate of the decedent or whether such inheritance tax has been paid on the estate. The affiant may also need to answer about the names and addresses of the surviving father, mother, brothers and sisters of the decedent. The affiant shall swear that the answers provided are true and fair to the best of his or her knowledge. Finally, the affidavit of heirship will be signed by a notary public.

The affidavit of heirship is readily available in the market and finding one should not pose any problem as there are many vendors who specialize in such documents and for a few dollars one may obtain a completely researched and well formed affidavit of heirship. There is no need for researching and creating one from scratch as buying these documents provides an avenue for obtaining comprehensively created solutions that have had experts draft them and they are suited for all manner of use. Spending a few dollars, one could reap great benefits as there is plenty to be saved in terms of time, money and cost as well as being tailored to suit individual requirements.

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