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Affidavit Of Heirship

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affidavit of heirship 

Affidavit of Heirship

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Summary: An affidavit of heirship is occasionally used instead of probate when a person dies without leaving a Will, or when all heirs of the deceased have agreed not to probate an existing Will. An affidavit of heirship provides evidence of family history, so outside individuals, courts, and entities can apply the law to the facts to legally conclude who inherited the property and how the property is to be distributed. Many title companies will accept an affidavit of heirship when all of the facts are accepted as true.


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As to_______________________________

                  (Name of Deceased)


STATE OF________________________

COUNTY OF______________________ 

I, ________________, of lawful age, residing at _______________________________________________ , 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: ____________________. 

Said decedent departed this life in _________County, State of ________ on or about _______________________, 20 , being years old at the  date of his (or her) death. 

Affiant further states that affiant was well acquainted with the family and close relatives of the said decedent, and that the following statements and the answers to the following questions are based upon the personal knowledge of affiant and are true and correct: 

1.       Did the decedent leave a will? Yes____ No____

If so, has the will been admitted to probate?______ In what county?  _______ When?____________________ 

2.       Has an administrator/executor been appointed for the estate of said decedent?_________.  

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