An Affidavit of Heirship and a Determination of Heirship are legal documents used in the context of determining the rightful heirs of a deceased person, especially when there is no will. However, they serve slightly different purposes:
1. Affidavit of Heirship:
• This document is typically a sworn statement provided by someone who has personal knowledge about the deceased's heirs.
• It is used to establish the heirs of a deceased person when there is no will (intestate) and often involves a notary public.
• The Affidavit of Heirship provides information about the deceased person, their family, and the heirs' relationship to the deceased.
• It can be used to transfer certain assets, such as real estate, to the rightful heirs without going through a formal probate process.
2. Determination of Heirship:
• A Determination of Heirship is a court proceeding where the court officially determines and declares who the legal heirs of the deceased person are.
• This process is more formal and involves a court hearing where evidence is presented to establish the heirs' identities and relationships with the deceased.
• The court issues an order or judgment confirming the legal heirs, which can be used to transfer assets, settle the estate, or establish property rights.
In summary, while both documents are used to identify the heirs of a deceased person, an Affidavit of Heirship is typically a sworn statement used outside of court to establish heirs, while a Determination of Heirship involves a formal court proceeding to officially determine the legal heirs.
Contact Alisha Melvin Esq Real Estate Services if you have a property where determining heirship is required to purchase or sell a property. In addition to excellent real estate representation Broker, Alisha Melvin Esq. can help you sort out matters legally.
