An affidavit of heirship is a sworn statement from someone who knew the deceased, naming the person’s heirs and how they are related. It is mostly used to show who inherits property when there was no will and no court case, and it is most common in Texas and a handful of other states.
What it usually contains
- The deceased’s full name, date and place of death.
- Whether there was a will, a spouse, children, or other relatives.
- A list of heirs and their relationships.
- The property involved, often with a legal description if it is real estate.
The person signing is called the affiant. They should have personal knowledge of the family history, and often cannot be one of the heirs. They sign before a notary.
It does not work the same way everywhere
In New York, heirs are generally established through the Surrogate’s Court. For small estates, that means voluntary administration. For larger ones, it means a formal administration or probate case. A stand-alone heirship affidavit is not a substitute for a court order when real estate has to change hands, though a title company may ask for one as supporting evidence. If you are unsure, ask the Surrogate’s Court clerk or the title company before you have anything signed.
We notarize estate affidavits online or at your location, including hospital and home visits. See the New York small estate guide →
What is an affidavit of death?
An affidavit of death is a sworn statement that a specific person has died. It is usually attached to a death certificate and used to remove a deceased person from a bank account, a deed held jointly, or a trust. Banks and title companies often have their own version, so ask which form they want first.
Common mistakes
Using the wrong form for the state. Signing before the notary is present. Leaving out heirs. Using an affiant who does not actually know the family history. Each of these gets the affidavit rejected.
Frequently asked questions
What is an affidavit of heirship?
A sworn statement by someone with knowledge of the family that names a deceased person’s heirs and their relationship to the deceased.
What is an affidavit of death?
A sworn statement that a person has died, usually attached to a death certificate and used to update accounts, deeds or trusts.
Does New York use affidavits of heirship?
Not as the main route. Heirs are usually established through the Surrogate’s Court, but a title company may still ask for one as supporting evidence.
Does an affidavit of heirship have to be notarized?
Yes. It is a sworn statement, so the person signing does so before a notary.
Who can sign an affidavit of heirship?
Someone with personal knowledge of the family history who is not benefiting from the estate, in most places. The receiving office has the final say.
Related reading
- Voluntary administration vs probate
- Who can file a small estate affidavit in New York?
- Documents you need after a death in NYC
- What is a small estate affidavit?
- What is an estate?
This article is general information, not legal advice. Laws, court fees and forms change, so confirm with the court or agency involved. NotarEaseNYC is a notary service, not a law firm, and a notary cannot advise you on what to write or which legal route to take.