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Steve Tracy, an attorney with over 20 years of experience, discusses the differences between an affidavit of heirship and probate. He explains that governments aim to determine a deceased person's intent regarding property distribution if a will is not disclosed, typically favoring family members. The affidavit of heirship is a straightforward document used in certain states, confirming that an individual is an heir and entitled to inherit property. This method simplifies the process compared to probate, which is a court procedure that legally transfers property titles. However, the affidavit is generally not applicable for high-value assets, where probate would be required.
