Affidavit of heirship
As a surviving spouse, state the decedent's family history under oath.
A sworn statement of who a person's heirs are.
- Personal / Legal document
- Customizable
- Lawyer reviewed
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Customized
Customized document
Guided online builder, available now for all 50 states and the District of Columbia.
Use the guided builder to prepare this document for you, answer by answer.
- Guided questions, built for your state
- Watch the draft take shape as you answer
- Reviewed by a qualified lawyer before it is final
Key features
The decedent
Their name, address, how long you knew them and the date and place of death.
Marriages
Your marriage to the decedent and any earlier marriages, with dates you can leave as blanks.
Children and grandchildren
Each child, whether they are living, their address, and the children of a child who has died.
Parents and siblings
Living parents and siblings, with birth dates and addresses.
The estate
Real property and personal property you want to list, and what you know of unpaid debts.
Your own words where you need them
Additional statements are written exactly as you type them. Nothing is suggested for you.
A lawyer reviews it before it is used
Your answers are prepared into a draft and reviewed by a qualified lawyer, rather than handed back to you as a finished form.
About this document
An affidavit of heirship is a written statement, made under oath, setting out a person's family history after they have died: who they were married to, who their children, parents and siblings were, and what property and debts they left. It is sometimes asked for to deal with property when there is no court-supervised process to rely on.
This builder is for a surviving spouse making the statement. It asks for your details and the decedent's, the date and place of death, your marriage and any earlier marriages, the decedent's children (and the children of a child who has died), living parents and siblings, and whether there was a will. It then asks about real property, personal property and unpaid debts. Everything you add is optional except the names and date of death.
The document writes only what you give it. It does not say that it transfers any property or moves any account, and what it can cover when there is a will is a question for a lawyer. It ends with a notary block.
Is this document right for you?
Useful when
- Your spouse has died and an institution asks for a sworn family history
- You need to record who the decedent's family members were
- You want the facts written down while you still remember them clearly
Commonly used by
- Surviving spouses
- Families settling a small estate
- People dealing with property after a death
Not sure? about your situation first.
Alternatives
These are separate documents, for different jobs.
- AffidavitA general sworn statement of facts.View document
- Affidavit of residencyA sworn statement of where you live.View document
- Revocable living trustHold assets in a trust you can still change during your life.View document
- Pour-over willA will that passes whatever is left into your trust.View document
When to use this
- Settling property after a spouse has died
- Recording the family of someone who died without a will
- Documenting heirs while the facts are fresh
What happens next
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May need a notary? Notarize online
Need this document for your specific situation?
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More in Wills & Estate
- Last will and testamentSet out who inherits and who carries out your wishes.View document
- CodicilChange part of an existing will without rewriting it.View document
- Pour-over willA will that passes whatever is left into your trust.View document
- Just-in-case instructionsLeave clear instructions for whoever would need to step in.View document
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Questions
About the affidavit of heirship
A sworn statement of a deceased person's family history: marriages, children, parents, siblings, and what they left.
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