Affidavits of heirship are documents by which an affiant swears to certain facts relating to the heirship of an individual. Although they help establish evidence of heirship, they do not transfer interest.
As always, the specific requirements vary by state. However, affidavits of heirship generally need to be sworn to by a disinterested third party in front of a notary. In this sense, “disinterested” means someone who doesn’t stand to gain as an heir. The affiant must also be personally familiar with the facts stated within the affidavit.
If a decedent in your chain died intestate and your client/employer has requested you to cure title, then you will need to procure and file an affidavit of heirship. If you are having trouble identifying the heirs or crediting interest amongst them, have no fear, because next week, for our final week covering probates and intestate succession, we will be talking about descent and distribution.