Instead of going through the probate process to receive title to the property transferred to the heirs, the heirs can file an Affidavit of Heirship in deed records of the county where the real estate was owned by the Decedent. One of the most simple places to download a free state specific Affidavit of Heirship on the Internet is Heirship.com.
An Affidavit of Heirship is used instead of probate when a person dies without a will. An Affidavit of Heirship is also needed when all heirs agree to not probate the will. In most situations, the law states that the surviving spouse inherits all community property as long as the deceased person’s children are the children of the surviving spouse.
An Affidavit of Heirship gives absolute evidence of the family history, so the laws can be applied to the facts concluding the legal inheritor of the property. In most cases, title companies accept an Affidavit of Heirship.
Stipulations of the Probate Code state, the Affidavit of Heirship must be signed by two witnesses. These witnesses must not have anything to gain financially from the estate.
In an Affidavit of Heirship, the witnesses must swear under Oath to each of the following conditions:
• That they knew the Decedent.
• That the the person died on a certain date in a certain place.
• The identity of the family members and heirs.
• A statement that the decedent did not owe any debts.
• A statement that the witness will not gain financially from the estate.
Once the Affidavit of Heirship is signed and filed in the deed records, it links the title of the real estate to the heirs. It is at this time, the heirs are allowed by law to transfer ownership of the property.