Wondering what is an affidavit of heirship? In this article, I’ll explain what it means and how it’s used to sell an inherited house when a will does not exist. I will also provide you with several affidavit samples you can use to draft your form.
What is an affidavit of heirship?
A declaration and an identifier of the heirs of a deceased person. As simple as that. With an affidavit form, you are able to claim the ownership of a property as well as vehicles – in fact, it works for any personal property, regardless of its size or functions. Affidavit of heirship estates code form is your ticket to selling a house FAST, without a will. Freedom is waiting for you!
When do you use it?
Let’s say a family member or your loved one has passed away and left no will. You think a personal property belongs to you, but how do you prove it? Affidavit of heirship estates code allows you to prove ownership without having to go through probate, as long as you are able to distribute the personal property between other possible heirs if such exist.
Here’s how the state of Texas deals with affidavit cases and what the witness must know before filling the form:
- The deceased person’s name and his or hers date of death.
- Family names and names of all heirs.
- Any outstanding debts of the deceased.
What goes in the affidavit of heirship form?
Here are some things you must include in your form. These things might be different depending on each state – please make sure you visit sites such as LegalMatch to get full information on your state’s laws.
SupremeCourtBC identifies 7 parts to the form:
- Style of proceeding
- Deponent’s statement (“deponent’ is the person making the affidavit)
- Knowledge statement
- Body of the affidavit (this is the most important part of the affidavit)
- The affidavit ending
- Backing sheet
Yes, but what do they mean?
Let’s look at them closely.
Style of Proceedings
Style of proceedings is located on the first page of all legal documents. The first thing you absolutely have to do is state the business as well as the file number and court registry name.
The top right corner must include the affidavit number, deponent’s name and the date. You must also make sure to clearly swear under oath that you are telling the truth.
Deponent’s statement includes your name, full residence, occupancy (those who are retired or not working at the moment, must state that in the form as well) and your oath.
As much as the term might sound confusing, the knowledge statement simply provides the judge of confirmation – you know what you’re talking about and acknowledge all information in this form. You must also state your business – are you the defendant, respondent, petitioner or plaintiff?
Body and ending of the affidavit
The body is the most important part of the entire form, however, it should be kept simple, organized and short. Your judge will be as equally impressed if you are able to express your needs in the simplest way and keeping it simple also means less work for you.
To keep your affidavit organized, stick to a chronological order – the judge will clearly see the timeline of events and will be able to make the decision easily. Make sure you use a person’s name instead of using personal pronouns.
And, of course, keep it short. Having a long affidavit means the judge will take longer to process all necessary information – edit it down as much as possible, but still ensure everything needed has been said.
MY TIP: Speak to your lawyer. They will tell you what you should add in and give you sound personal advice that will work for you.
This is where your letters and important documents go. Your exhibits must be alphabetised instead of numbered – exhibit 1 becomes exhibit A, exhibit 2 becomes exhibit B, and so on. These letters are best to be put in the middle of the page. You must also include an exhibit stamp, which you can get at most law firms – do this after you see your lawyer.
Here’s what you must include in the backing sheet: the style of proceedings, the description of the document and your name, your address, email address, your phone number and your fax number, if applicable. Please note that a backing sheet is optional, however, it will help the court file your document and not lose it.
Do you have some samples of the affidavit of heirship form?
To make sure your form is effective, please refer to the steps above – I can guarantee these tips will help you when you’re dealing with selling an inherited house without an existing will.
Here is a sample extract, fully available on FormsBirds:
“I, (INSERT NAME) of lawful age, residing at (INSERT RESIDENCY) , being first duly sworn, upon oath deposes and says: That affiant was personally well acquainted with the above-named decedent, during his (or her) lifetime, having known him (or her) for years, and that affiant bears the following relationship to said decedent, to-wit..”
There are different ways to write your form. Here is another sample extract, fully available on Vernon E. Faulconer, Inc.
(YOUR FULL NAME) , whose address is (INSERT RESIDENCY) hereinafter referred to as “Affiant,” being of lawful age and being duly sworn, upon oath deposes and says that (s)he was well acquainted with (THE NAME OF THE DECEASED), hereinafter referred to as “the Decedent,” and that the answers and statements given in the following questionnaire are based upon (YOUR FULL NAME) personal knowledge and are true and correct:
Depending on where you live, an affidavit of heirship might require a waiting period, which can sometimes take up to a year after the death of your loved one. Please make sure you fully speak to your lawyer who can help you figure out what are the laws of your state’s affidavit of heirship.