Affidavit of Heirship — A Non‑Court Option to Establish Heirs for Title Purposes
When title standards allow, we prepare and record the affidavit and coordinate with title companies. If administration is needed, we'll pivot to the proper probate route.
When This Route Applies
Signals It May Fit
- No valid Will and relatively straightforward family tree (intestate).
- Real property title needs an heirship record; no creditor or administration requirements.
- Title company will accept a properly executed and recorded affidavit with disinterested witnesses.
When It May Not Fit
- Creditor issues, disputes, or the need for a personal representative to act.
- Title company will not accept an affidavit for the facts of the case (requires Determination of Heirship or administration).
Milestones
What to Expect
- 1
Gather Information
Collect family history and chain-of-title information; identify disinterested witnesses.
- 2
Prepare & Execute
Prepare the Affidavit of Heirship; execute and notarize with required witness statements.
- 3
Record & Coordinate
Record the affidavit in the county property records; coordinate with title company.
- 4
Next Steps if Needed
If additional authority is needed, transition to the appropriate probate route.
A non-court path when conditions are right.
We handle the drafting, execution, and recording for you.
Your Role vs. Our Role
You (Applicant/Affiant)
- Provide family information, property descriptions, and potential witnesses.
- Review and sign paperwork; assist in locating records.
Praxis (Your Probate Team)
- Draft the affidavit; ensure statutory elements are met; coordinate execution and notarization.
- Record with the county; coordinate acceptance with the title company; advise on next steps if administration is required.
Common Pitfalls
And how we prevent them
Using Interested Witnesses
We source disinterested witnesses who can attest credibly to the family facts.
Insufficient Detail for Title
We capture full legal descriptions and family facts so the affidavit meets title standards.
Assuming Affidavit Solves Everything
We screen early and pivot to heirship or administration when creditor or authority needs exist.
Checklist
Documents & Info We'll Need
- ✓ Death certificate; marriage/divorce records as applicable; list of heirs with contact info.
- ✓ Property legal descriptions and deeds; tax statements; title company contact.
- ✓ Proposed disinterested witnesses' names and contact information.
What "Done" Looks Like
When we complete an Affidavit of Heirship, here is what you can expect:
Affidavit of Heirship executed, notarized, and recorded in county records.
Title company acknowledges sufficiency for the transaction at hand.
If administration is later required, we open the appropriate route and proceed to close.
Ready to Get Started?
Whether you already know an affidavit of heirship is the right path or you need help figuring out which probate route fits your situation, we are here to help.
Probate Pathway Consultation