Affidavit of Heirship Template

What Is the Affidavit of Heirship?

An Affidavit of Heirship is a sworn legal statement by a disinterested third party who personally knew the deceased property owner and their family relationships. The affidavit documents the decedent's marital history, identifies all children and other potential heirs, describes the property in question, and establishes who inherits what shares under state law. Title insurance companies accept properly executed affidavits of heirship as evidence of ownership transfer, allowing heirs to sell, mortgage, or transfer property without opening probate proceedings.

The affidavit includes detailed sections for property description with full legal descriptions, comprehensive family tree documentation including spouse, children, parents, and siblings, identification of all heirs at law with their fractional ownership shares, disclosure of property liens and encumbrances, and the affiant's basis of personal knowledge. Most states require notarization and recording in county property records. Some jurisdictions prefer corroborating affidavits from two affiants to strengthen credibility with title insurers.

 

 

Is This Affidavit of Heirship Right for You?

You need this affidavit if you're:

• Heir trying to sell inherited real estate without probate
• Family member needing title documentation for property transfer
• Trying to refinance property stuck in a deceased person's name
• Title company requiring heirship proof for real estate closing
• Sibling settling parent's estate informally among family members
• Handling small estates where probate costs exceed property value

You definitely need this affidavit if:

• Title companies refuse to insure without heirship documentation
• Buyers won't close because property shows deceased owner on title
• You're facing $5,000-$15,000 in probate attorney fees
• Lenders require clear title before approving mortgage refinancing
• County recorder demands proof before accepting new deed

 

 

Why Thousands Trust Legal GPS Templates

Save Money: Probate attorneys charge $5,000-$15,000 for simple real estate transfers. Get attorney-drafted documentation for $35.

Save Time: Probate takes 6-18 months minimum. Affidavits of heirship can clear title in weeks once recorded.

Look Professional: Title companies recognize proper legal formatting. Present documentation that meets institutional underwriting standards.

Keeps You Out of Court: The template includes protective provisions like Article XII's detailed basis-of-knowledge section, Article XIV's perjury acknowledgments, and Article VIII's precise fractional ownership calculations that satisfy title insurance underwriting requirements without court proceedings.

 

 

 

Get Protected in 3 Simple Steps

Step 1: Secure Checkout

Complete your purchase through our encrypted payment system. Receive immediate access to your template download.

Step 2: Instant Download

Download your Affidavit of Heirship template in editable format. Open in Microsoft Word, Google Docs, or any word processor.

Step 3: Fill In the Highlighted Fields

Follow the bracketed guidance to complete each section. Have the affidavit notarized and record it in county property records.

 

Frequently Asked Questions

Can I use this template multiple times?

Yes. Once purchased, you can use this Affidavit of Heirship template for multiple properties and estates. The template is fully editable and reusable for any heirship documentation situation.

Is this affidavit legally binding?

Yes. When properly completed by a disinterested affiant with personal knowledge, notarized, and recorded in county property records, this affidavit creates a legally recognized record of heirship that title insurance companies rely upon for insuring property transfers.

Who can serve as the affiant?

The affiant must be a disinterested third party who personally knew the decedent and their family relationships but is not an heir themselves. Common choices include longtime neighbors, family friends, or business associates who had frequent contact with the decedent over many years.

Do title companies always accept affidavits of heirship?

Not always. Title company acceptance depends on the complexity of family relationships, the thoroughness of the affidavit, and local underwriting practices. Simple family situations with long-term affiants have the highest acceptance rates. Call your title company before completing the affidavit to confirm they'll accept one.

What if there are disputes about who the heirs are?

If heirs dispute family relationships or ownership shares, title companies won't accept an affidavit of heirship because it creates title defects they can't insure. You'll need formal probate proceedings to get a court order definitively establishing heirs.

How long does it take for the title to clear after recording?

Once the affidavit is recorded, the title company can search it within days. If they accept it as sufficient proof of heirship, title can clear in 2-4 weeks. The heirs can then execute a new deed transferring the property or proceed with a sale.