Heirship Affidavit Legal Help

An affidavit of heirship is easier than going through the court process, but it only applies to land/real estate property. It does not cure or determine beneficiaries to bank accounts or other assets. Many people consider this affidavit to prevent probate to save money. When someone dies, it is easier to cooperate with family and agree how the estate and assets will be allocated; rather than incurring court costs and going through a lengthy probate.

An affidavit of heirship can be a streamlined process with cooperation from all the parties who are trying to complete the affidavit. State law requires accurate information about the deceased and witnesses to complete.

To transfer property, a deed still needs to be recorded once an affidavit of heirship is complete. At this point, siblings may agree to give one party the property. They may pay to waive their rights to the property. For example, if there are five siblings on a title, then issues arise like who pays the taxes, the bills, upkeep, and cleanup? In these situations, it is hard to determine who should benefit in the sale of the home.