Task 4 of 8

Determine Eligibility for Affidavit of Heirship

Part of: File Will with the Probate Court and Obtain Death Certificates

The Affidavit of Heirship is a helpful tool in situations where there is no will and the only asset is real estate. If the estate qualifies, the Affidavit of Heirship can avoid the need for probate court. This will greatly simplify the estate settlement process.

An Affidavit of Heirship form gives notice that a person has died intestate (without a will) and names the heirs of the estate. The form is notarized and filed with the court. It will transfer the title of the property to the heirs.

The limitations on the value of the real estate to be eligible are different by state. See below for specifics for the state in which the estate is being settled.

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*Billed yearly at $96. Cost is typically reimbursable by the estate.