What is an Affidavit of Heirship?
Has a friend, title company, or realtor recommended an Affidavit of Heirship for a family property or are you being asked to sign one? Legal documents can be scary to sign or confusing, so let’s talk about what exactly an Affidavit of Heirship is and what its purpose is.
An Affidavit of Heirship is a way individuals can cure chain of title issues for real property and is typically used for deceased individuals who owned property and otherwise do not require probate. Meaning, an Affidavit of Heirship is not probate and does not require probate.
If someone has passed away either recently or years ago, they owned property, and probate was not initiated for their estate, it’s likely that an Affidavit of Heirship will be a good option to clear title issues and give the rightful heirs rights to the specific property. The goal of the Affidavit of Heirship is to make a case that the named heir or heirs should have full rights to specific real property that was owned by the deceased individual.
Within an Affidavit of Heirship you should find the following:
An outline all relevant family facts, including the name of the deceased, the date of death, whether or not the deceased died with a will, and the names and addresses of all heirs.
A description of the affected real property that the deceased has title to. The legal description of the property is normally listed along with the street address. Additionally, the County where the property is located will be listed at at the top of the Affidavit since it will have to be filed in that County’s real property records.
A conclusion as to the specific amount of ownership of each heir. This will allow the County and title company to understand who holds title to the property and will be able to sign off on a sale.
Signatures by two disinterested witnesses. The disinterested witnesses are required to sign sworn statements that the facts in the Affidavit are true and correct. Because they are attesting to these facts, it’s best to have witnesses who knew the deceased individual, their family, and that the deceased owned this specific property.
If you are having an Affidavit of Heirship prepared or signing one, it is important to read through the Affidavit of Heirship thoroughly to be sure that all facts included are true and correct. After the document is signed, it will then be filed in the appropriate county where the property is located. After it has been filed, the heirs listed to have had rights to the property will be able to sell the property, if desired.
The information contained in this post is provided for informational purposes only, and should not be construed as offering legal advice, or creating an attorney client relationship.
