Affidavit of Heirship

An Affidavit of Heirship may be necessary to fast-track or enable the inheritance process by identifying the heirs of a decedent.
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Frequently Asked Questions

In the simplest sense, real property refers to land and any property attached to that land. That includes any legal manmade additions to that land. Personal property is anything subject to ownership that can be moved freely from one place to another. Personal properties include things such as money, jewelry, and furniture.

A will cannot be made retroactively after a person’s death. However, several methods can be used to avoid probate before a person’s death. These include using a living trust, naming beneficiaries on bank accounts so they can access the funds after a person’s passing, and holding property jointly so there’s no need to inherit.

Both documents serve the purpose of stating in writing facts that are true to the best of the affiant’s knowledge. However, an affidavit is typically used in the context of court matters. A statutory declaration is mostly used outside of court to satisfy legal or regulatory requirements.

Without an Affidavit of Heirship, the heirs of the decedent will have to go through the probate court system to distribute the properties. The probate can be extensive and take several months to complete, during which time the purported heirs cannot sell the property, access bank accounts and other funds of the deceased, or distribute the assets in any way.