Why Would Someone Want an Affidavit of Heirship?

It is a very inexpensive, easy process.

• It avoids the probate courts.
• The decedent died without a will
• The only things in the estate are real property or vehicles.

However, sometimes the courts do need to be involved to determine heirship. This method may not work in all situations because it takes five years after it’s recorded before it is considered prima facie evidence. There are situations where it will not be considered sufficient for a title company.

When is the Process Available?

This is only allowed if:

• There is not a will (or property was omitted from the will)
• Only issue is real property or vehicles
• Two witnesses are available who are familiar with the family and will not benefit from the estate)