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Commonly Asked Questions about Affidavit of descent

For example, bank and financial accounts cannot be transferred using this affidavit. A probate is usually needed if there are bank or financial accounts that one cannot access.
The legal effect of the affidavit of heirship is that it creates a clean chain of title transfer to the decedents heirs. Usually, a title company will accept the affidavit to show the chain of title for purposes of selling the real property, but the heirs should check with their title company to be sure.
Alternatively, the affidavit may be recorded at the same time as a property deed is recorded. Once this is done, the property records will be updated to show the heirs as the new owners of the property. Thereafter, they may transfer or sell the property title if they chose to.
If the property owner is deceased, he or she can no longer sign the deed. In that case, you need something different such as an Affidavit of Heirship, a probated Will or a court order determining heirship. First the deceased owners name must be removed from the record ownership of the house (the title).
The affidavit must include specific information such as the name and address of the affiant, the decedents name and date of death, marital history, and the names and addresses of the decedents children and siblings. Sign the affidavit of heirship in front of a notary public. Get legal help if necessary.
An affidavit of descent is filed when a person dies intestate or without a will. Document must be signed by the affiant and signature docHubd. The affidavit, per KRS382.
Proving Heirship The affidavit of heirship requires that the person filing the document include the heirs basic information along with a description of the property being claimed. Basic information includes your name, age, and the names and information of any other possible heirs if known.
You can sell the house after probate once you gain full ownership. Typically, the probate process takes several months to a year.