An Affidavit of Heirship is generally used when a person dies without a will and leaves behind only real property. Real property means real estate or land, as opposed to also leaving personal property which would include cars, boats, artwork and the like.
The purpose of an Affidavit of Heirship is to list out the heirs of the deceased (referred to as the decedent) and properly determine who owns the real property of the decedent. A common example of when an Affidavit of Heirship is used is when one spouse dies intestate (i.e. without a will) and leaves behind only real estate. If the surviving spouse wants to sell the property, an Affidavit of Heirship may allow the surviving spouse to do so without having to seek court assistance or administration.
If the decedent does have a will but still only has real property to bequeath then an Affidavit of Heirship may still be used to avoid costly and lengthy probate as long as all of the beneficiaries are in agreement about not submitting the will to the probate process.
For assistance in determining whether an Affidavit of Heirship can save you time and money on estate administration, please contact Stouffer Legal.
