Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
An “affidavit of heirship” is a sworn legal document that records the facts about a deceased person’s family and identifies their heirs. It’s a commonly used tool for establishing who inherited property when someone died without a will, or when an estate was never formally probated.
The document lays out the key facts: who the deceased was, when they died, whether they left a will, their marital history, and the names of their children and other heirs. It’s signed under oath, usually with disinterested witnesses who knew the family but don’t stand to gain from the property, which adds credibility. Once completed, it’s filed in the property records of the county where the real estate is located, creating a public record of the chain of ownership from the deceased to the current heirs.
Affidavits of heirship are popular because they’re often simpler, faster, and less expensive than full probate, especially when an estate is mostly real estate and the family agrees on who the heirs are. They help fill the exact gap that creates heir property: the county records still showing a person who has died, with no documentation of who inherited.
It’s worth knowing that an affidavit of heirship has limits and isn’t right for every situation, which is why an attorney is the person to prepare or advise on one. But for many families, it’s the practical key to clearing up ownership enough to deal with the property, including selling it. A buyer experienced with heir property can often work with an affidavit of heirship as part of a sale, which is one reason it comes up so frequently in these cases.
A couple of quick questions:
Is an affidavit of heirship the same as a will? No. A will is created by a person during life to direct their property. An affidavit of heirship is created after death to document who the heirs are, often when there was no will.
Do I need one before I can sell my inherited share? Not always, but it can help establish ownership. A buyer who handles heir property can often work with an affidavit as part of the sale, and an attorney can advise whether one is needed in your case.
If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.
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