Affidavit of Heirship Template

Affidavit of Heirship Template

This Affidavit of Heirship (“Affidavit”) is made on [Date] regarding the estate of:

Decedent: [Full Legal Name of Decedent]
Last Known Address: [Address]
Date of Birth: [Date of Birth]
Date of Death: [Date of Death]
Place of Death: [City, County, State/Country]

This Affidavit is given by the undersigned affiant(s), who state under oath that the following information is true and correct to the best of their knowledge and belief.

1. Affiant Information

Affiant 1: [Full Name]
Address: [Address]
Phone: [Phone Number]
Email: [Email]
Relationship to Decedent: [Friend / Neighbor / Relative / Other]
Number of Years Affiant Knew Decedent: [Number]

Affiant 2: [Full Name]
Address: [Address]
Phone: [Phone Number]
Email: [Email]
Relationship to Decedent: [Friend / Neighbor / Relative / Other]
Number of Years Affiant Knew Decedent: [Number]

Each affiant states that the affiant knew the Decedent and is familiar with the Decedent’s family history.

2. Purpose of Affidavit

This Affidavit is made for the purpose of identifying the lawful heirs of the Decedent and supporting the transfer, management, or confirmation of title to the Decedent’s property, including the property described below.

3. Marital History of Decedent

The Decedent’s marital history was as follows:

• Spouse Name: [Full Name]

• Date of Marriage: [Date]

• Date Marriage Ended, if applicable: [Date / Death / Divorce / Annulment / Not Applicable]

• Additional Marriages, if any: [List or state “None”]

At the time of death, the Decedent was:

• ☐ Married to [Name]

• ☐ Widowed

• ☐ Divorced

• ☐ Never married

4. Children and Descendants

The Decedent had the following child(ren), including biological or adopted children, and the descendants of any deceased child:

1. Name: [Full Name]
   Relationship: [Child / Deceased Child’s Descendant / Other]
   Date of Birth: [Date]
   Current Address: [Address]
   Status: [Living / Deceased]
   If deceased, descendants are: [Name(s) or “None”]

2. Name: [Full Name]
   Relationship: [Child / Deceased Child’s Descendant / Other]
   Date of Birth: [Date]
   Current Address: [Address]
   Status: [Living / Deceased]
   If deceased, descendants are: [Name(s) or “None”]

Additional child or descendant information: [Insert as needed or state “None”]

5. Parents, Siblings, and Other Heirs

If needed to identify all heirs, the Decedent’s family information is as follows:

Parents of Decedent:

• [Parent 1 Name, living/deceased]

• [Parent 2 Name, living/deceased]

Siblings of Decedent:

1. [Full Name, living/deceased, current address if living, descendants if deceased]

2. [Full Name, living/deceased, current address if living, descendants if deceased]

Other Heirs, if applicable:
[Grandparents / Aunts / Uncles / Cousins / Other, as applicable, or state “None”]

6. Intestacy and Estate Information

To the best of the affiant(s)’ knowledge:

• the Decedent died ☐ without a will ☐ without a will affecting the property described below ☐ as follows: [Explain];

• no probate administration has been completed that establishes the heirs for the property described below, except as follows: [Explain or state “None”];

• the known heirs listed in this Affidavit are all of the persons entitled to inherit from the Decedent under applicable law, to the best of the affiant(s)’ knowledge and belief.

7. Heirs at Law

Based on the facts stated above, the Decedent’s heirs at law are believed to be:

1. Name: [Full Name]
   Relationship to Decedent: [Relationship]
   Address: [Address]
   Approximate Inheritance Interest: [Describe share if known]

2. Name: [Full Name]
   Relationship to Decedent: [Relationship]
   Address: [Address]
   Approximate Inheritance Interest: [Describe share if known]

3. Name: [Full Name]
   Relationship to Decedent: [Relationship]
   Address: [Address]
   Approximate Inheritance Interest: [Describe share if known]

Additional heirs, if any: [List or state “None”]

8. Property Description

This Affidavit relates to the following property of the Decedent:

Real Property Address: [Property Address]

Legal Description:
[Full Legal Description]

Parcel Number / Tax ID: [Number, if applicable]

If this Affidavit is also intended to reference additional property, describe it here:
[Description of personal property, mineral interests, or other assets, if applicable]

9. Possession and Use of Property

Since the Decedent’s death, the property has been possessed, occupied, maintained, or claimed by the following person(s):

[Name(s) and description]

Any known liens, mortgages, taxes, or claims affecting the property are as follows:
[Describe or state “Unknown” or “None known”]

10. Supporting Documents

The following supporting documents may be attached to this Affidavit, if available:

• death certificate;

• family tree or heirship summary;

• legal description or deed reference;

• marriage, divorce, birth, or adoption records;

• other supporting records: [Describe].

11. Oath and Reliance Statement

Each affiant states that the facts in this Affidavit are based on personal knowledge, family knowledge, or careful inquiry, and are true and correct to the best of the affiant’s knowledge and belief.

This Affidavit is intended to be relied on for estate, title, recording, transfer, and related property purposes to the extent permitted by applicable law.

12. Signatures

Affiant 1

Signature: __________________________
Name: [Full Name]
Date: [Date]

Affiant 2

Signature: __________________________
Name: [Full Name]
Date: [Date]

Notary

State of [State]
County of [County]

Before me, the undersigned authority, on this day personally appeared [Name of Affiant 1] and [Name of Affiant 2], known to me or satisfactorily proven to be the person(s) whose name(s) are subscribed to this instrument, and after being duly sworn, stated that the facts contained in this Affidavit are true and correct to the best of their knowledge and belief.

Subscribed and sworn to before me on [Date].

Notary Public Signature: __________________________
Name of Notary Public: [Full Name]
My Commission Expires: [Date]
Notary Seal: __________________________