P1-PR-009. Affidavit of Heirship 2026

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  1. Click ‘Get Form’ to open the P1-PR-009 in the editor.
  2. Begin by entering the decedent's name, address, city, state, zip code, and date of death at the top of the form.
  3. In the affidavit section, provide your name and relationship to the decedent. Specify if you are related or not and detail your source of information.
  4. Indicate whether the decedent was married and provide details about any prior spouses, including names and dates of marriage termination.
  5. List any children born to or adopted by the decedent. Include their names and indicate if they are minors or disabled.
  6. Provide information regarding any deceased children and their offspring (grandchildren) as necessary.
  7. Complete sections regarding the decedent's parents, including their marital history and children.
  8. Review all entries for accuracy before signing. Use our platform’s tools to ensure everything is correct.

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The court then distributes the assets according to the state intestacy law, to the heirs listed in the state statute. In some states, it is possible to skip formal administration of the estate if only a small amount of money, real property, or personal property remains.
An affidavit of heirship is a written statement establishing the right of inheritance. To be valid, it must be signed under oath and witnessed by a third party.
The process for determining who the heirs are and how their inheritance is distributed is known as determination of heirship. In California, this process is governed by probate law and requires legal procedures to establish who the rightful heirs are.
Possibly. Affidavits of Heirship (Affidavits) are not like a deed that conveys title but rather is evidence of who the heirs are to complete a chain of title so the heirs can sell the property.
Though the affiant is not legally required to have a lawyer, it is wise for the affiant to hire one. It may seem wasteful to hire a lawyer when an estate is small, but many of the same rules that govern the full blown Illinois probate process apply to the affidavit.

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Although affidavits are considered legal documents, anyone can draft one. As long as it is signed, witnessed, and docHubd correctly, the affidavit will be valid. This means that you do not need to ask a lawyer to create an affidavit.
In this situation, an heir can simply file what is called an affidavit of heirship with the court. You may find this form on your state court website or through the court clerks office, or you may need to have an attorney or legal services firm create one for you.
The average cost to file an affidavit of heirship ranges from $20 to $50, depending on the county court filing fees. Other factors, such as whether you prepare the document independently or consult a legal professional, influence drafting and filing expenses.

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