Fill and Sign the Affidavit of Heirship PDF Samplehow to Avoid Probate Form

AFFIDAVIT OF DEATH AND HEIRSHIP(Information to Include in Affidavit) There is a multitude of variables a draftsman may encounter in preparing an Affida vit of Death and Heirship. For this reason, a narrative explanation of the information to be incl uded in an Affidavit of Death and Heirship is provided, rather than a form of affidavit. If the response to any inquiry is not applicable to the Estate with which the preparer of the Affidavit is dealing, it may be omitted. It is suggested the Affidavit be titled, "Affidavit of Death and Heirship of (Decedent's Name)." Following the format contained in other Affidavits in Kanes Forms, it is suggested the title be followed by these subheadings: State: County: Name of Deceased: Name of Affiant: The inclusion of the name of the state and county is suggested if this information reflec ts the state and county in which the Affidavit will be filed, and the decedent owned real property. If the Affidavit will be filed in multiple counties or jurisdictions, the state and county designation may be omitted to avoid confusion. Following these subheadings, we suggest the Affidavit begin with the following paragraphs: "Affiant on oath swears that the following statements are true:" "Affiant makes this Affidavit in connection with the death and heirship of (Name of Deceased), (the "Deceased")." Following these declaratory statements, the Affidavit should then contain a series of statements of fact, known to the Affiant, concerning the Deceased. The stated facts should include information about the following: 1. Identify the county and state of residence of the Affiant and describe the relationship of the Affiant to or with the Deceased. 2. State facts indicating the Affiant's knowledge of matters relating to the De ceased's death and heirship, such as number of years that Affiant knew the Deceased. 3. State the date and place of birth of the Deceased, or, if the exact information is not available, the Affiant's best knowledge as to the approximate date and place of birt h of the Deceased. 4. State the date of death, and age at date of death of the Deceased. If the Deceased died without a Will (intestate), state that fact. 5. Provide facts concerning the Deceased's marriages, if any. If the Deceased was never married, this should be stated in the Affidavit. Following is an example of the informat ion that may be included in the Affidavit if the Deceased was married: a. The full name of each spouse of the Deceased (if more than one) and the date a nd place of the marriage(s). b. If the marriage continued until Decedent's death, this should be stated. If the marriage (s) terminated before Decedent's death, state whether by: (1) Divorce: provide date, place, court, style of case, and case number in which the divorce was granted; or, (2) If the Deceased's spouse predeceased him/her in death, provide the date and place of the spouse's death. If the spouse died intestate, state that fact. If the spouse died te state, provide information (Case No., County, Court, etc.) as to the probate of the predeceased spouse's Will. 6. Identify the children born of each marriage of Decedent and any children adopted during marriage. If there were none, this should be stated. For each child living at the dat e of Decedent's death, the Affidavit should contain the full name, birth date, marital st atus (with spouse's name, if married), and current address. For each child not living on the date of the Decedent's death, the Affidavit should cont ain the full name, birth date, date of death, residence at date of death of eac h deceased child, and information concerning any heirs of the predeceased child (typically a surviving spouse and/or children). It may be necessary to prepare a Affidavit of Death and Heirship for the decea sed child, or this information may be incorporated into the Affidavit of Death and Heirship of t he Deceased. If a predeceased child died intestate, state that fact. If a predeceased chil d died with a Will, provide the necessary particulars (similar to the information called for in 5.b.(2) above). If known to Affiant, the Affidavit should state that no children other than those named in the Affidavit of Death and Heirship were born to the Deceased, or adopted by the Deceased. 7. The Affidavit may include information concerning property owned by the Deceased at the time of death. If within the Affiant's knowledge, the Affidavit should state if property wa s the sole property of the Deceased; or, in those states recognizing community property ownership, if property was the community property of the Deceased and a spouse or the separate property of the Deceased. Even if the Affidavit is limited in scope to only address the Dec eased's ownership in certain property (in cases where the Affidavit is being provided as curative), it ma y be beneficial to identify the property in question and address whether the property was the se parate property or, if applicable, the community property of the Deceased's and spouse. 8. If within the knowledge of the Affiant, the issue of administration of the estate should be addressed. If the Decedent did not leave a Will and there has been no probate administration of the Deceased's estate, and none is contemplated, this should be stated. If all debts of the estate have been paid, this should be stated. If the property in question is not subject to any debts of the estate, while other debt may exist, this should be stated. If the Affiant can state , to Affiant's knowledge, information that the Deceased's estate requires no administration and that no administration of the Deceased's estate is contemplated or intended by any others who a re devisees or heirs of the Deceased, this should be stated. The Affidavit should be executed by the Affiant. Particular attention to acknowledgments to an Affidavit should be given to assure it meets the jurisdictional requirements for an effective, recordable instrument in the jurisdiction in which t he Affidavit is to be filed. While family members are usually most knowledgeable of facts to be contained in the Affidavit, if an Affidavit is used for distribution of royalty in existing producing properties, many purchasing companies require the Affidavit be executed by a person unrelated to the Deceased. Sometimes such a person is difficult to identify or locate. It is recomm ended that if such a person exists who is knowledgeable of at least some of the facts concerning the Dec eased, the Affidavit may be executed by both a family member and a "disinterested" party, who is not a beneficiary of the Decedent's estate.