Affidavit of Heirship

An Affidavit of Heirship is a sworn statement, typically recorded in the county’s real-property records, that identifies the heirs of a deceased property owner who died without a Will. Signed by disinterested witnesses familiar with the decedent’s family history, it can help “clean up” title and may be accepted by title companies in certain circumstances. However, an affidavit of heirship does not carry the same legal force as a formal heirship determination and may not be sufficient for complex or contested estates.

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