Life takes many turns, and there are times when we have to face a tragedy. Unfortunately, we can never be 100% prepared for this situation. For this reason, an affidavit of inheritance may be necessary if a member of your family dies without having a will. If this happens, you must proceed to make an affidavit of inheritance, also known as a declaration of heirs. We will explain everything about this process.
What is inheritance?
Heirs are the surviving family of a person who dies. These are usually close family members, such as children, grandchildren, or parents. When a person dies without a will, state law determines who will inherit the assets.
Being an heir simply means that you will receive an inheritance from someone who has passed away. Heirs are different from beneficiaries since beneficiaries are generally those people who are included in a living will. When there is no will, we proceed with an affidavit of inheritance.
What do you need to request an affidavit of inheritance?
When a person dies without a will, a close relative must file a petition in court. This petition asks that the assets of the person who died be distributed to the heirs. When this is approved, the court distributes the assets in the way they consider correct. In order to initiate this process, you will need to provide the following information:
- Name, address, and date of death of the deceased.
- Marital status of the deceased person.
- The names of the heirs.
- A statement that the person who died did not have a will.
- A declaration that you are an heir according to your state laws.
- A list of properties and their respective descriptions.
- Agreement of the heirs of the deceased on how the property or properties should be distributed.
- Third-party verification (a witness who can verify these facts and sign the form).
This document must be signed in front of an attorney.
If you have questions or need support with this process, call us.