Affidavit Of Heirship
If your spouse or family member died without a will and without any instructions on the disbursement of their estate, an experienced and qualified Wills, Probate and Estate attorney can help you avoid a going through a very long process of probate. When a person dies without a will, the law declares them to have died intestate.
Probate is one way a deceased person’s assets are redistributed after death. Probate is court-supervised and includes locating assets, placing a value on those assets, paying the deceased’s final bills and taxes and then distributing the remainder of assets to the rightful heirs or beneficiaries. If the decedent (deceased) dies with a will, your probate attorney will appear in court to prove the will is valid.
Today, the distribution of property has become more complex with extended families and family members who have moved to other states. Transferring the decedent’s property as efficiently as possible is critical and it’s necessary to legally document the rightful heirs. Your attorney can file an Affidavit of Heirship to help with this process when someone passes away without a will. The Affidavit of Heirship can be more cost effective and faster than having to go through the probate process.
The Affidavit of Heirship declares or identifies the heirs of the deceased, a description of the property and establishes ownership of the decedent’s property. The Affidavit of Heirship can be used to transfer title from the decedent’s name to the names of the heirs without going through often long court processes. The affidavit must be filed precisely and accurately to be valid.
By establishing the ownership and who the heirs are, those heirs will legally have the rights and responsibilities to dispose the property of the deceased correctly. The Affidavit of Heirship has to include a full list of all the property owned by the deceased.
Generally the heirs are the spouse, or registered domestic partner, living children and blood relatives. There are times when friends or a former spouse may be included. Everyone involved has to be in complete agreement to the distribution of property.
This affidavit must be signed by disinterested witnesses under oath and must be notarized. The witnesses must have personally known the deceased and must not have any financial gains from the estate. Further the witnesses must know the true identity of the family members and heirs. Each state has specific laws as to the number of witnesses that must attest to the above on the Affidavit of Heirs. The affidavit may not work in all situations. Title companies can raise issues if the heirs want to sell the property to a third party.
Gantenbein Law Firm's Probate, Wills, Trusts and Estate attorneys have the knowledge and expertise help protect your assets. If you have suffered a loss of a loved one, call our office to schedule an appointment: 303-618-2122.
Gantenbein Law Firm's wills, trusts and probate lawyers can assist with filing an affidavit of heirship in your probate case. Contact us at 303-618-2122 to schedule your consult.