An Affidavit of Heirship is generally used when someone died without a Will and left real estate. Heirs are the family members entitled to the property of a deceased person. This Affidavit helps to establish who the heirs of the Decedent are and which are entitled to all or part of the Decedent’s estate. In the Affidavit, the affiant (the person giving the affidavit) must generally swear under oath to each of the following issues: 1. That they knew the Decedent; 2. That the Decedent died on a certain date in a certain county; 3. The identity of the Decedent’s family members and heirs; 4. A statement that the Decedent did not owe any debts at the time of his death; and 5. A statement that the witnesses do not stand to gain financially from the Estate.
IN THE (Name of Court) COURT OF (Name of County) COUNTY, (Name of State) IN THE MATTER OF THE ESTATE OF (Name of Decedent), DECEASED NO. _____________ Affidavit of Heirship By Son of Decedent STATE OF ____________________ COUNTY OF _______________________ PERSONALLY appeared before me, the undersigned authority in and for said County and State, (Name of Affiant), who, having been being first duty sworn by the undersigned Notary Public, deposes and says: 1. He is the son of (Names of Parents), who were husband and wife. 2. His Father (Name of Father) is the Decedent whose property is the subject of the above-entitled proceeding. 3. Affiant was born on (date) in (Name of County), (Name of State). 4. Attached to this Affidavit and made a part of it is a true and correct c
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