What is an Affidavit of Heirship?
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- Опубликовано: 16 авг 2024
- An affidavit of heirship can be used when someone dies without a will, and the estate consists mostly of real property titled in the deceased's name. The affidavit is filed ("recorded") with deed records in the county where the decedent's real property is located. It does not transfer title to real property.
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It is required to know all information, dates of birth, dates of marriages, divorces, all children, names and birthdays, and have two living witnesses, that will not benefit financially from the estate to confirm the truth of the documents.
An affidavit of heirship is easier than going through court process, but it only applies to land/real estate property. It does not cure, or determine beneficiaries to bank accounts, or other assets. A lot of people consider doing this instead of probate, just because of the costs. When someone passes it is easier to work with your family and agree how the estate and assets are handled. Rather than incur court costs and go through a lengthy probate.
The clearest, plain-language explanation I've heard.
What if you are indeed an heir, but nor you or LIVING relatives knew the deceased because they died before you were born? Do you still qualify for an affidavit?