Does an affidavit of heirship give you title to property?

No. An affidavit of heirship does not transfer, convey, or vest title to real property in any state that recognizes it. It is evidence of who the heirs are. Title on an intestate death passes under the state's law of descent, and the affidavit only helps prove, sometimes years later, who received it.

Is an affidavit of heirship recognized in every state?

No. Only 21 states have a statute that gives the affidavit a real, usable evidentiary role, and even among those, several recognize it only in narrow circumstances. In the other 29 states, no statute recognizes an affidavit of heirship for real property, or the recognition is too thin to be a workable answer, and heirs instead use that state's actual mechanism, such as a judicial determination of heirs or a personal representative's deed.

How long does it take for an affidavit of heirship to become evidence?

It depends entirely on the state, and there is no general rule. Most recognizing states attach no waiting period at all. Where one exists, it ranges from about a month, to roughly six months, to five years, to twenty years depending on the state. Check your own state's page for its specific rule, if it has one.

Who has to sign an affidavit of heirship?

It varies by state, but no state's affidavit of heirship statute requires two disinterested affiants. That requirement, when a reader encounters it, is typically a title company's own underwriting practice rather than a statutory rule. Some states require only a single affiant with personal knowledge of the family history.

What do I use instead of an affidavit of heirship if my state does not recognize one?

It depends on the state, and the mechanisms differ significantly: a judicial determination or declaration of heirship, a personal representative's deed of distribution out of probate, a small estate affidavit or petition where the estate qualifies, or full probate administration. Find your state in the directory on this page for the specific route and citation.

Is an affidavit of heirship the same as a small estate affidavit?

In most states, no. A small estate affidavit collects a decedent's personal property under a value cap and is handed to a bank, transfer agent, or similar holder. An affidavit of heirship, where a state recognizes one, evidences who the heirs are and does not move title. In most states they address different problems, but Louisiana is an exception: its small succession affidavit is itself the instrument that evidences heirship against real property, so there the two are the same mechanism.

Is an affidavit of heirship the same as an affidavit of death?

No. An affidavit of death, sometimes called an affidavit of death of joint tenant, proves that a specific person died; it says nothing about who inherited their property. An affidavit of heirship, where recognized, proves who the heirs are. Some states use one, some the other, and a handful use neither.

Affidavit of Heirship

An affidavit of heirship is recognized in only some states. See whether your state recognizes it, and if not, the mechanism it actually uses to establish who inherited.

Find out where you stand — what state are you in?

DocDraft provides document preparation, not legal advice.

Introduction

An affidavit of heirship is a sworn statement, usually made by someone with personal knowledge of a decedent's family, that sets out the decedent's marital history, children, and other facts needed to identify the decedent's heirs. Where state law gives it effect, it serves as evidence of those facts for a court or a title examiner. It is not a deed, and it does not transfer property in any state that recognizes it. This instrument is not available everywhere, and that is the first thing to check before relying on it: 21 states give the affidavit a real evidentiary role, while in the other 29 heirs must use a different mechanism entirely, from a judicial determination of heirs to a personal representative's deed. The state-by-state table below names the route and the citation for all 50. This page is general information, not legal advice; attorney review is available for any document you draft from it.

Key Things to Know

1
An affidavit of heirship is not available in every state. Only 21 states have a dedicated page on this site because their law gives the affidavit a real evidentiary role; the other 29 states use a different mechanism entirely, from a judicial determination of heirs to a personal representative's deed. Recording an affidavit of heirship where the state does not recognize one accomplishes nothing.
2
Where it is recognized, an affidavit of heirship is evidence of who the heirs are, not a transfer of property. An affidavit of heirship does not transfer, convey, or vest title to real property in any state; title on an intestate death passes under the state's law of descent, and the affidavit only helps prove that fact later, typically to a court or a title examiner.
3
How long an affidavit of heirship must be on record before it counts as evidence varies enormously where it is recognized at all, from no waiting period in most recognizing states, to about a month, to roughly six months, to five years, to twenty years in the state with the longest wait. There is no general national rule; check your own state's page for its specific waiting period, if it has one.
4
Two disinterested witnesses is not a legal requirement anywhere this has been checked. It is a title-company underwriting convention that shows up when a company decides whether to insure title on the strength of the affidavit, not a term found in the states' affidavit of heirship statutes themselves.
5
Partial recognition on this site's state pages means the instrument works only in narrow circumstances, not that it works normally with some fine print. In the most restrictive partial-recognition state, the affidavit only carries evidentiary force where the affiant is dead, a nonresident, of unknown residence, or too old, infirm, or sick to attend court; with a living, able, resident affiant the same affidavit carries no evidentiary weight at all.
6
An affidavit of heirship is not a small estate affidavit in most states. A small estate affidavit typically collects a decedent's personal property under a value cap; an affidavit of heirship, where recognized, evidences who the heirs are and does not move title. In most states the two solve different problems and are not interchangeable, but Louisiana is an exception: its small succession affidavit is itself the instrument that evidences heirship against real property. Check your own state's page before assuming the two are separate.
7
An affidavit of heirship is also not the same instrument as an affidavit of death, an affidavit of survivorship, or an affidavit of descent. An affidavit of death, sometimes called an affidavit of death of joint tenant, proves that someone died; it says nothing about who inherited. Confusing the two in a state that only recognizes one of them can leave a title defect uncorrected.

Affidavit of heirship by state

Twenty-one states give an affidavit of heirship a real evidentiary role, and each of those links to its own page below. In the other 29, either no statute recognizes the instrument for real property or the recognition is too narrow to be that state's real answer, so the table names the mechanism heirs actually use there. Recording an affidavit of heirship in a state that does not recognize one accomplishes nothing.

State	Affidavit of heirship	Statute, or what the state uses instead
Alabama	Recognized, narrowly	Ala. Code sections 35-4-69, 35-4-70, 35-4-71
Alaska	Not recognized	Personal representative's deed of distribution out of informal probate, AS 13.16.080 to 13.16.130.
Arizona	Recognized, narrowly	A.R.S. section 14-3971(E)-(G)
Arkansas	Not recognized	Small estate affidavit, which unusually reaches real property, Ark. Code Ann. 28-41-101.
California	Not recognized	Petition to determine succession to real property, primary residence up to $750,000, Cal. Prob. Code 13150 to 13157.
Colorado	Recognized	C.R.S. section 38-35-113
Connecticut	Recognized, narrowly	Conn. Gen. Stat. section 47-12a
Delaware	Not recognized	Open an estate with the Register of Wills, 12 Del. C. 1905.
Florida	Not recognized	Summary administration, Fla. Stat. 735.201 to 735.2063, uncapped once the decedent has been dead more than two years.
Georgia	Not recognized	Petition for an order that no administration is necessary, O.C.G.A. 53-2-40 to 53-2-42.
Hawaii	Not recognized	Judicial determination of heirs, Hawaii Probate Rule 73, available five years after the death.
Idaho	Recognized, narrowly	Idaho Code section 55-816
Illinois	Not recognized	Judicial declaration of heirship, 755 ILCS 5/5-3(a). An affidavit is named at 5/5-3(b)(1) but only as evidence inside that proceeding.
Indiana	Recognized	Ind. Code 29-1-7-23(b)-(f)
Iowa	Recognized, narrowly	Iowa Code section 558.8
Kansas	Not recognized	Petition to determine descent in the district court, K.S.A. 59-2250 to 59-2252.
Kentucky	Recognized, narrowly	KRS 382.120
Louisiana	Recognized, narrowly	La. Code Civ. Proc. arts. 3421-3434
Maine	Not recognized	Judicial determination of heirs with no time limit, 18-C M.R.S. sec. 3-108(2).
Maryland	Not recognized	Register of Wills administration, with title moving by the personal representative's recordable deed of distribution.
Massachusetts	Recognized, narrowly	G.L. c. 183, section 5A
Michigan	Recognized	MCL 565.451a(a)
Minnesota	Not recognized	Judicial decree of descent, Minn. Stat. 525.31 to 525.313, more than three years after the death.
Mississippi	Recognized	Miss. Code Ann. section 89-5-8(1)
Missouri	Recognized, narrowly	Mo. Rev. Stat. section 490.370
Montana	Not recognized	Judicial determination of heirs with no time limit, Mont. Code Ann. 72-3-1001.
Nebraska	Recognized, narrowly	Neb. Rev. Stat. section 30-24,129
Nevada	Not recognized	Petition to set aside estate without administration up to $150,000, NRS 146.070.
New Hampshire	Not recognized	Probate administration ending in a decree of distribution, RSA 561:1.
New Jersey	Not recognized	Grant of letters of administration from the county Surrogate, N.J.S.A. 3B:10-2.
New Mexico	Not recognized	Informal probate ending in a personal representative's deed, or formal testacy determining heirs, NMSA 1978 sections 45-3-401 and 45-3-409.
New York	Not recognized	Surrogate's Court administration proceeding, SCPA Arts. 10-11.
North Carolina	Not recognized	Title vests in the heirs automatically at death. N.C. Gen. Stat. 47-1 lets an affidavit be recorded but gives it no evidentiary effect.
North Dakota	Not recognized	Judicial determination of heirs in a formal testacy proceeding, N.D.C.C. 30.1-15-01 and 30.1-15-02.
Ohio	Recognized	Ohio Rev. Code 317.22(B)-(C)
Oklahoma	Recognized	16 O.S. sections 82-83
Oregon	Not recognized	Judicial determination of heirship, ORS 111.085(1)(c) and (d), or full probate administration.
Pennsylvania	Recognized	21 P.S. sections 451-453
Rhode Island	Not recognized	Certificate of devise or descent filed by the probate fiduciary, R.I. Gen. Laws 33-9-29.
South Carolina	Not recognized	Judicial determination of heirs by formal testacy proceeding, with no personal representative required.
South Dakota	Recognized, narrowly	SDCL 29A-3-1203
Tennessee	Recognized	Tenn. Code Ann. section 30-2-712
Texas	Recognized	Tex. Est. Code ch. 203
Utah	Not recognized	Judicial determination of heirs through probate under the Utah Uniform Probate Code.
Vermont	Not recognized	Petition to determine heirs and title, 14 V.S.A. 1801 to 1804, where record title has sat unprobated more than seven years.
Virginia	Recognized	Va. Code sections 64.2-509
Washington	Not recognized	Judicial adjudication of intestacy and heirship, RCW 11.28.110 and 11.28.320 to .340.
West Virginia	Not recognized	Judicial petition for establishment and recordation of descent in circuit court, for real property of any value.
Wisconsin	Not recognized	Judicial determination of descent, Wis. Stat. 867.05, six or more years after an intestate death.
Wyoming	Not recognized	Judicial determination of heirship, Wyo. Stat. Ann. 2-9-201 to 2-9-204.

Key Decisions

Who Is Swearing and What They Know

The Decedent and the Heirs

The Property and the Record

Affidavit of Heirship Requirements

Confirm the Affidavit Is Evidence, Not a Transfer
Understand before you begin that an affidavit of heirship is EVIDENCE of who a decedent's heirs are. Recording it does not transfer, convey or vest title, and it does not substitute for probate where probate is required.
Identify the Decedent and the Date and Place of Death
Identify the decedent by full legal name, including any other names they used, together with the date and place of death.
State the Affiant's Personal Knowledge of the Family
State how the affiant knows the family. Most statutes that recognise this instrument turn on the affiant's personal knowledge rather than on any particular number of signers.
Set Out the Complete Marital History
Set out the complete marital history: every marriage, how each ended, and the dates. Omitted marriages are the most common reason a title examiner rejects an affidavit.
Name Every Child and Descendant
Name every child of the decedent, living or deceased, by every marriage and outside marriage, and identify the descendants of any child who died first.
State Whether an Estate Was Ever Opened
State whether an estate was ever opened for the decedent and, if so, where and when. Several states condition the affidavit on no administration being pending.
Describe the Real Property Precisely
Describe the real property by its full legal description, not by street address, exactly as it appears in the deed records.
Have the Affidavit Sworn and Acknowledged
Have the affiant swear to the affidavit before a notary or other officer authorised to take acknowledgments. An unacknowledged affidavit is generally not recordable.
Check What Your State Actually Requires
Check what your state actually requires before recording. Whether this instrument is recognised at all, what it proves, and whether any waiting period applies all vary by state, and a majority of states do not recognise it for real property.

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AFFIDAVIT OF HEIRSHIP

DRAFT, 2026-09-22, issue #680. National template only. Each state page layers a compact, state-specific clause set on top of this template and does not repeat what is here. Do not merge a state's clauses into this file.

WHAT THIS DOCUMENT IS. This affidavit is a sworn statement of family history. It is evidence of who the Decedent's heirs are. It is not a deed, a court order, or any other instrument that transfers, conveys, or vests title to property, and signing or recording it does not by itself transfer, convey, or vest title in anyone. It does not open, close, or substitute for probate or for any other court proceeding. The weight this affidavit carries once signed, who may sign it, where and when it may be recorded, what property it may describe, and any waiting period before it has evidentiary effect are all set by the law of the state where the property is located. Complete and use this affidavit in the form and manner that state's law requires.

State of [STATE] County of [COUNTY]

Before me, the undersigned officer authorized to administer oaths in this jurisdiction, personally appeared [AFFIANT FULL NAME] ("Affiant"), who, being first duly sworn, states under oath as follows.

AFFIANT IDENTIFICATION AND PERSONAL KNOWLEDGE

My name is [AFFIANT FULL NAME], and I reside at [AFFIANT ADDRESS]. I am [AFFIANT'S RELATIONSHIP TO THE DECEDENT, IF ANY]. I am over the age of eighteen, competent to testify to the matters stated in this affidavit, and I make it voluntarily, of my own personal knowledge, and not in exchange for any payment or promise.

I have known the Decedent and the Decedent's family for [LENGTH OF TIME]. My personal knowledge of the family and marital history described in this affidavit comes from [BASIS OF PERSONAL KNOWLEDGE, SUCH AS A FAMILY RELATIONSHIP TO THE DECEDENT, A LONGSTANDING ACQUAINTANCE WITH THE DECEDENT'S FAMILY, OR A REVIEW OF FAMILY RECORDS DESCRIBED BELOW]. Where I describe an event I did not personally witness, I identify the record or source on which I rely.

DECEDENT IDENTIFICATION

This affidavit concerns [DECEDENT FULL NAME], also known as [ANY OTHER NAMES THE DECEDENT USED], referred to in this affidavit as the "Decedent." The Decedent was born on [DECEDENT DATE OF BIRTH] in [DECEDENT PLACE OF BIRTH].

DECEDENT'S DEATH AND DOMICILE

The Decedent died on [DATE OF DEATH] in [PLACE OF DEATH]. At the time of death, the Decedent was domiciled in and permanently resided at [DECEDENT ADDRESS AT DEATH], in [COUNTY], [STATE]. A certified copy of the Decedent's death certificate accompanies this affidavit as [EXHIBIT LETTER OR NUMBER].

MARITAL HISTORY

At the time of death, the Decedent's marital status was [MARITAL STATUS AT DEATH]. The Decedent's surviving spouse, if any, is [SURVIVING SPOUSE FULL NAME], residing at [SURVIVING SPOUSE ADDRESS].

The Decedent was married a total of [NUMBER] time(s) during the Decedent's lifetime. Each marriage, in chronological order, is described below.

Spouse: [SPOUSE FULL NAME] Date of marriage: [DATE OF MARRIAGE] How the marriage ended: [DEATH OF SPOUSE, DIVORCE, ANNULMENT, OR "SURVIVED BY DECEDENT" IF THE MARRIAGE WAS CURRENT AT DEATH] Date the marriage ended, if applicable: [DATE]

No marriage of the Decedent is omitted from this list, whether or not it produced children and whether or not it ended before the Decedent's death.

CHILDREN AND DESCENDANTS

The Decedent had [NUMBER] child(ren), whether born during marriage, born outside marriage, adopted, or otherwise legally recognized as the Decedent's child. Each child of the Decedent is listed below, living or deceased.

Name: [CHILD FULL NAME] Date of birth: [DATE OF BIRTH] Relationship to Decedent: [BIOLOGICAL, ADOPTED, OR OTHER BASIS FOR THE RELATIONSHIP] Living or deceased: [LIVING, OR DATE OF DEATH IF DECEASED] Current address, if living: [ADDRESS]

If a child of the Decedent died before the Decedent and left descendants of that child's own, each such descendant is listed below, together with that descendant's relationship to the deceased child and to the Decedent.

Name: [DESCENDANT FULL NAME] Relationship to the deceased child: [SON, DAUGHTER, GRANDCHILD, ETC.] Relationship to Decedent: [GRANDCHILD, GREAT-GRANDCHILD, ETC.] Living or deceased: [LIVING, OR DATE OF DEATH IF DECEASED] Current address, if living: [ADDRESS]

No child or descendant of the Decedent known to me is omitted from this affidavit.

OTHER HEIRS

[IF THE DECEDENT LEFT NO CHILDREN OR DESCENDANTS, OR IF OTHER PERSONS MAY QUALIFY AS HEIRS UNDER THE LAW OF THE STATE WHERE THE PROPERTY IS LOCATED, LIST EACH SUCH PERSON BELOW, SUCH AS A PARENT, SIBLING, OR MORE REMOTE RELATIVE OF THE DECEDENT.]

Name: [HEIR FULL NAME] Relationship to Decedent: [PARENT, SIBLING, NIECE OR NEPHEW, ETC.] Living or deceased: [LIVING, OR DATE OF DEATH IF DECEASED] Current address, if living: [ADDRESS]

Which relatives qualify as heirs, and in what order and share, is determined by the law of the state where the property is located. This affidavit lists the persons who fit that description to the best of my personal knowledge; it does not itself decide who the heirs are.

STATUS OF ADMINISTRATION

To the best of my knowledge, the status of administration of the Decedent's estate is [STATUS OF ADMINISTRATION, FOR EXAMPLE "NO PETITION HAS BEEN FILED AND NONE IS PENDING," "A PETITION WAS FILED AND ADMINISTRATION IS PENDING," OR "A PETITION WAS FILED AND ADMINISTRATION HAS CLOSED"]. If a petition for probate or administration was filed, it was filed in [COURT NAME], case number [CASE NUMBER], and [EXECUTOR OR ADMINISTRATOR FULL NAME] is serving as [EXECUTOR OR ADMINISTRATOR].

The Decedent died [TESTATE OR INTESTATE STATUS, THAT IS, WHETHER THE DECEDENT LEFT A WILL]. If the Decedent left a will, its probate status is [STATUS OF THE WILL, FOR EXAMPLE "ADMITTED TO PROBATE" OR "NOT ADMITTED TO PROBATE"]; if admitted, it was admitted in [COURT NAME], case number [CASE NUMBER]. Whether this affidavit may be used at all, and whether it may be used only when the Decedent died without a will or only when no administration is open, depends on the law of the state where the property is located.

REAL PROPERTY DESCRIPTION

This affidavit relates to the following real property in which the Decedent held an interest at death:

Property address: [PROPERTY ADDRESS] Legal description: [LEGAL DESCRIPTION, INCLUDING LOT, BLOCK, SUBDIVISION, OR METES AND BOUNDS AS APPLICABLE] County and state where located: [COUNTY], [STATE] Parcel or tax identification number: [PARCEL NUMBER] Nature of the Decedent's interest: [SOLE OWNER, TENANT IN COMMON, JOINT TENANT, ETC.]

[ADD ADDITIONAL PARCELS AS NEEDED, EACH WITH ITS OWN LEGAL DESCRIPTION.]

Whether this affidavit may describe personal property in addition to real property, and any limit on the kind or value of property it may cover, is set by the law of the state where the property is located.

STATEMENT OF NO KNOWN CONTRARY CLAIMS

To the best of my knowledge, the family history stated in this affidavit is complete and accurate, no person other than those named above claims to be an heir of the Decedent, no will of the Decedent other than one disclosed in Section 7 exists or has been offered for probate, and there is no pending lawsuit, will contest, or other proceeding that disputes the facts stated in this affidavit or the identity of the Decedent's heirs.

This affidavit states who the heirs are; it does not resolve a dispute about heirship, and it is not a substitute for a small estate procedure, a small estate affidavit, or any other statutory proceeding the state where the property is located may make available. If a dispute exists or a statutory proceeding better fits the reader's situation, this affidavit is not the right document.

If any statement in this affidavit is later shown to be incorrect, anyone with an interest in the property may present evidence of the true facts, and this affidavit does not prevent them from doing so.

SIGNATURE, NOTARIZATION AND ACKNOWLEDGMENT

I declare under penalty of perjury under the laws of the state where this affidavit is signed that the foregoing is true and correct to the best of my knowledge, information, and belief.

Affiant signature: ______________________________ Date: ____________ Print name: [AFFIANT FULL NAME] Address: [AFFIANT ADDRESS]

Some states require more than one affiant, require a particular relationship or qualification of the affiant, or otherwise limit who may sign. Follow the requirements of the state where the property is located, and add signature lines for any additional affiant that state requires.

NOTARY ACKNOWLEDGMENT

State of [STATE] County of [COUNTY]

On [DATE], before me, the undersigned notary public, personally appeared [AFFIANT FULL NAME], proved to me on the basis of satisfactory evidence to be the person whose name is signed above, and who swore or affirmed to me that the statements in this affidavit are true.

Notary public: ______________________________ My commission expires: ____________

[SEAL]

The acknowledgment form, the officer authorized to take it, and any additional recording formality, such as a preparer's statement or a return-address block, are set by the law and the recording office of the state and county where the property is located.

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Introduction

Key Things to Know

Affidavit of heirship by state

Key Decisions

Who Is Swearing and What They Know

The Decedent and the Heirs

The Property and the Record

Affidavit of Heirship Requirements

Confirm the Affidavit Is Evidence, Not a Transfer

Identify the Decedent and the Date and Place of Death

State the Affiant's Personal Knowledge of the Family

Set Out the Complete Marital History

Name Every Child and Descendant

State Whether an Estate Was Ever Opened

Describe the Real Property Precisely

Have the Affidavit Sworn and Acknowledged

Check What Your State Actually Requires

Customize your Affidavit of Heirship Template with DocDraft

Does your Affidavit of Heirship need to be notarized?

Frequently Asked Questions