AFFIDAVIT OF HEIRSHIP

RECORDING INFORMATION

WHEN RECORDED, RETURN TO:

[Name]
[Address]
[City, State ZIP]

SPACE ABOVE FOR RECORDER'S USE

AFFIDAVIT OF HEIRSHIP

STATE OF [________________________________]

COUNTY OF [________________________________]

I. AFFIANT INFORMATION

I, [AFFIANT FULL LEGAL NAME], being first duly sworn, depose and state:

Address:
[________________________________]
[________________________________]

Telephone: [(___)___-____]

Email: [________________________________]

II. AFFIANT'S QUALIFICATIONS

1. I am over the age of 18 and am competent to make this Affidavit.

2. My relationship to the Decedent is: [________________________________]

3. I have personal knowledge of the facts stated herein.

4. I knew the Decedent for approximately [____] years before [his/her] death.

5. I am familiar with the Decedent's family history, including:
   ☐ Marital history
   ☐ Children and descendants
   ☐ Parents and ancestors
   ☐ Siblings

6. I am making this Affidavit:
   ☐ As a disinterested party (not an heir)
   ☐ As an interested party/heir (some states require corroborating affidavit)

III. DECEDENT INFORMATION

Full Legal Name: [________________________________]

Also Known As: [________________________________]

Date of Birth: [__/__/____]

Date of Death: [__/__/____]

Age at Death: [____]

Place of Death:
City: [________________] County: [________________] State: [____]

Last Residence/Domicile:
Street: [________________________________]
City: [________________] County: [________________] State: [____] Zip: [________]

Social Security Number: [___-__-____]

IV. WILL AND PROBATE STATUS

1. Will Status:

☐ To the best of my knowledge, the Decedent died WITHOUT a Will (intestate).

☐ The Decedent had a Will, but it was not probated because:
[________________________________]

☐ To the best of my knowledge, no probate proceeding has been filed.

☐ A probate proceeding was filed in [________________] County, [STATE], Case No. [________], but:
[________________________________]

2. Trust Status:

☐ To the best of my knowledge, the Decedent did not have a trust.

☐ The Decedent had a trust, but the property described herein was not transferred to the trust.

V. MARITAL HISTORY

A. Marital Status at Death:

☐ Never married
☐ Married to: [________________________________]
Date of Marriage: [__/__/____]
Place of Marriage: [________________________________]
☐ Widowed - Spouse died on: [__/__/____]
Spouse's Name: [________________________________]
☐ Divorced - Divorce finalized on: [__/__/____]
Former Spouse: [________________________________]
Court/County of Divorce: [________________________________]
☐ Legally Separated
☐ Domestic Partner: [________________________________]

B. Prior Marriages:

☐ Decedent was never previously married.

☐ Decedent was previously married as follows:

VI. CHILDREN AND DESCENDANTS

A. Children:

☐ Decedent had NO children (biological or adopted).

☐ Decedent had the following children:

B. Adopted Children:

☐ All children listed above are biological children.

☐ The following children were adopted:
Name: [________________________________] - Adoption Date: [__/__/____]
Name: [________________________________] - Adoption Date: [__/__/____]

C. Stepchildren:

☐ Decedent had no stepchildren.

☐ Decedent had the following stepchildren (Note: Stepchildren generally do not inherit under intestacy):
[________________________________]
[________________________________]

D. Children Born Outside of Marriage:

☐ Not applicable

☐ The following children were born outside of marriage:
Name: [________________________________]
Paternity established by: [________________________________]

VII. PARENTS

Father:
Name: [________________________________]
☐ Living - Address: [________________________________]
☐ Deceased - Date of Death: [__/__/____]

Mother:
Name: [________________________________]
☐ Living - Address: [________________________________]
☐ Deceased - Date of Death: [__/__/____]

VIII. SIBLINGS

☐ Decedent had no brothers or sisters.

☐ Decedent had the following siblings:

☐ Half-siblings exist: [________________________________]

IX. DETERMINATION OF HEIRS

Based on the foregoing information and the intestacy laws of the State of [STATE], the heirs of the Decedent and their respective shares are:

X. REAL PROPERTY AFFECTED

This Affidavit is made for the purpose of establishing the heirship of the Decedent with respect to the following real property:

Property Description:

Legal Description:
[________________________________]
[________________________________]
[________________________________]

Commonly Known As:
[________________________________]

APN: [________________________________]

County: [________________] State: [____]

How Decedent Held Title:
☐ Sole owner
☐ Tenant in common - [___]% interest
☐ Community property (in applicable states)
☐ Other: [________________________________]

Document Recording Information:
Instrument/Deed Type: [________________________________]
Recording Date: [__/__/____]
Instrument/Document Number: [________________________________]
Book: [____] Page: [____]

XI. DEBTS AND LIENS

To the best of my knowledge:

☐ There are no known outstanding debts of the Decedent.

☐ The following debts are known:

☐ The above-described property is not subject to any liens except:
[________________________________]

XII. ADDITIONAL STATEMENTS

1. The above statements are true and correct to the best of my knowledge.

2. I have made diligent inquiry to determine the heirs of the Decedent.

3. To the best of my knowledge, there are no other heirs of the Decedent other than those listed above.

4. To the best of my knowledge, the Decedent had no debts that remain unpaid that would create a lien against the above-described property.

5. This Affidavit is made for the purpose of establishing record title to the above-described property and may be relied upon by title insurance companies, purchasers, lenders, and others.

6. I understand that this Affidavit will be recorded in the public records.

XIII. VERIFICATION

I, [AFFIANT NAME], declare under penalty of perjury under the laws of the State of [STATE] that the foregoing statements are true and correct to the best of my knowledge and belief.

_________________________________
Affiant Signature

_________________________________
Printed Name

Date: [__/__/____]

XIV. NOTARIZATION

STATE OF [________________________________]

COUNTY OF [________________________________]

On [DATE], before me, [NOTARY NAME], a Notary Public, personally appeared [AFFIANT NAME], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to this instrument and acknowledged that [he/she/they] executed the same.

WITNESS my hand and official seal.

_________________________________
Notary Public Signature

Printed Name: [________________________________]

My Commission Expires: [____________]

[NOTARY SEAL]

XV. CORROBORATING AFFIDAVIT (if required)

I, [SECOND AFFIANT NAME], state:

1. I am over 18 and have personal knowledge of the facts stated herein.

2. I am not an heir of the Decedent.

3. I knew the Decedent and [his/her] family for approximately [____] years.

4. I have read the foregoing Affidavit of Heirship and the statements regarding the Decedent's family are true and correct to the best of my knowledge.

_________________________________
Second Affiant Signature

_________________________________
Printed Name

Address: [________________________________]

Date: [__/__/____]

Notarization:

[Same format as above]

STATE-SPECIFIC NOTES

Texas: Affidavit of Heirship is commonly accepted for real property transfers; must be signed by two disinterested witnesses; becomes prima facie evidence of heirship after 5 years.

California: Small Estate Affidavit may be used for estates under statutory threshold; Affidavit of Heirship may require additional documentation.

Florida: Affidavit of Heirship alone may not suffice; Summary Administration or other court proceeding often required.

Other States: Requirements vary - consult local title company and attorney.

END OF AFFIDAVIT OF HEIRSHIP