Affidavit of Heirship

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.

1. 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.

2. 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].

3. 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].

4. 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]

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.

5. 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]

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.

6. 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]

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.

7. 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.

8. 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.

9. 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.

10. 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.