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

How to get this document

Ready to use

Ready-to-use document + 1-hour consultation

$50.00

Placeholder price — not a confirmed price.

Download the ready-to-use document and get a one-hour consultation with a specialised lawyer.

  • The document as a file you download
  • A one-hour consultation with a specialised lawyer
  • A standard version you complete yourself

Lawyer prepares it

Still not sure? Talk to a lawyer

$70.00

Placeholder price — not a confirmed price.

Don’t worry: book a consultation, tell the lawyer what you need, and they will prepare the document for you.

  • A consultation with a specialised lawyer
  • You describe what you need, in your own words
  • The lawyer prepares the document for you

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

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

Ready to use

  1. Choose your document

  2. Pay

  3. Download

  4. Book your consultation

Lawyer prepares it

  1. Pay

  2. Tell us what you need

  3. Talk to a specialised lawyer

  4. They prepare your document

Customized

  1. Answer guided questions

  2. Your document is prepared

  3. Lawyer review

  4. Legal finalization

  5. Submit for review

Need it signed? Sign online with eSignature

May need a notary? Notarize online

Need this document for your specific situation?

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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.

Still have a question? .