What is an Affidavit of Heirship?

An Affidavit of Heirship is a document that identifies the heirs of a deceased person.

When can you use an Affidavit of Heirship?

An Affidavit of Heirship should be used when all of the following conditions are met:

  • The deceased person died without a Will
  • There is only real estate that needs to be transferred to heirs
  • No administration of the Estate is required
  • The decedent does not have any debts

Why would someone NOT use an Affidavit of Heirship?

An Affidavit of Heirship is not the right method if there is a valid will; in that situation Muniment of Title would be the better way to go. An Affidavit of Heirship can also not be used when the decedent left non-real estate assets (like bank accounts, investement account, etc.) which need to be transferred. In this case Estate Administation would be required. Also if the decent has any unpaid debts a death, an Affidavit of Heirship would not be the proper procedure to follow.

Do I need an attorney for an Affidavit of Heirship?

No, you don’t. However, an attorney can help you draft it to ensure it was done correctly.

Contact us today to help you with your Probate Needs! We can help no matter the size or complexity of the estate. We offer affordable flat fee options, hourly fees, or hybrid fee solutions where appropriate.

We offer Affidavit of heirships for a Flat Attorney Fee starting at $659.-* (plus filing and recording fees).

*If the decedent’s estate requires services outside the Flat Attorney Fee Scope of Agreement the fee may be higher.

Affidavit of Heirship

No Valid Will Exists
Real Estate Transfer to Heirs
Not available for Bank Accounts
No Administration Available
Attorney Assistance Optional

Fixed Flat Fee