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hi there my name is Steve Tracy I'm an attorney licensed for over 20 years and I'm here to talk to you today about the differences between the affidavit of heirship and probate let's start with an overview as an overview every government has actually worked hard believe it or not to try to figure out what would be your intent if you died and kept your will a secret in this regard they assume that your family your wife your children your husband will get most of your property if not all of it and that's where we come to the affidavit of heirship this is a very simple document that says I am an heir of the person who died an heir means I get some of their stuff this form is only allowed in certain states in which those states have decided that it would be easier to do the single form then go through the probate process in every case it generally will not be used for anything of significant value probate on the other hand goes through the courts and transfers legal title to property into

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