Affidavit of Heirship

In depth

An affidavit of heirship is a notarized statement, often signed by two disinterested witnesses, identifying a decedent's heirs and the basis for their claim. Recorded in the county records, it provides constructive notice of the heirs' interests. Misconception: an affidavit of heirship does not actually transfer title in all states; some require formal probate or muniment of title. Practically, in FSBO sales of inherited property, an affidavit of heirship can simplify title clearance when the decedent left no will or when probate was never opened. Title companies often accept a properly executed affidavit of heirship combined with deeds from all heirs. Buyers should consult counsel before relying on heirship transfers, since hidden heirs can later challenge title.