When Do You Need An Affidavit of Heirship? (2026)
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Reviewed By Adam Ramirez, J.D.
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Summary
- If someone died with no will, property may still be transferred to heirs
- Some states allow these property transfers using affidavits of heirship
- These documents allow inheritance without a will or court proceeding
Ideally, everyone would leave a clear, correctly executed will when they die. However, many people die intestate (with no will). When this happens, their assets are usually distributed according to their state’s intestacy laws.
Before property can be passed to a legal heir, that heir’s identity must be verified. An affidavit of heirship makes it possible to do that.
Understanding Heirship and Legal Heirs
An “heir” is someone entitled to receive money or property from a deceased person’s estate if that person dies intestate. Each state’s intestacy laws specify who is allowed to inherit property.
Usually, close family members, including spouses, children and other descendants, take priority.
If you need to create a last will and testament, you can meet with a lawyer or start with a legally reviewed template.
Defining the Heirship Affidavit Document
An affidavit of heirship is a document in which someone familiar with the deceased person’s family identifies known heirs and how they were related to the deceased.
In some cases, a person who is entitled to inherit assets may create an affidavit of heirship themselves. However, it almost always must be signed by at least one person who (1) knows the family’s history and (2) doesn’t stand to gain anything from the estate.
Each state has slightly different laws surrounding affidavits of heirship. If you need to create an affidavit of heirship yourself, you can create one online in minutes.
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When to Use This Legal Document
Generally, you can use an affidavit of heirship when the following conditions apply:
- The decedent did not have a will.
- The estate is relatively small.
- Heirship isn’t contested.
- The decedent had no unpaid debts.
- The heirs want to avoid the process of probate.
You may also need to use an affidavit of heirship if the deceased person had a will, but the will didn’t go through probate by the deadline (usually four years from the date of death).
Information Required in the Affidavit
Although requirements can vary by state, the following usually must be included in an affidavit of heirship:
- The decedent’s name, address and date and place of death
- Basic information about the person making the statement on the affidavit
- An explanation of known heirs and their relationship to the deceased
- A description of the property being transferred
- A statement that the deceased died with no will
Some states may require a more detailed description of the family tree or the deceased’s marital history.
Filing, Signing and Contesting the Affidavit
Usually, an affidavit of heirship must be signed by two witnesses who have firsthand knowledge of the family’s history but don’t stand to gain anything from the estate. From there, it must be notarized and filed with the county.
If someone (like a creditor or another heir) wants to contest the affidavit, they must file a counter-affidavit, often with supporting evidence.
Need Help With Estate Planning or Asset Distribution?
Creating an estate plan can be complicated. So can distributing a deceased loved one’s assets after their death. ConsumerShield’s legal document templates and guides can help you select and execute the documents that best fit your family’s needs.
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Types of Affidavits
