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An heir is a person who is legally entitled to collect an inheritance when a deceased person did not formalize a last will and testament. Generally speaking, heirs who inherit the property are children, descendants, or other close relatives of the decedent.
Heirship simply means you are the legal heir of someone who has died without a will. Heirs are different from beneficiaries. Beneficiaries are the people named in a will who inherit from someone who has died.
Generally, the heirs of the decedent are their surviving spouse and children, including all of decedent's biological children and adopted children.
An Affidavit of Heirship is not a formal adjudication like probate is. Rather, it is an affidavit outlining the deceased person's family history and the identity of heirs. Nothing is filed in the Probate Court. Rather, the affidavits are filed in the public records of any counties in which the decedent owned property.
The declaration of inheritance is a declaration made under oath by which a relative of the deceased states the identity of the deceased person, their last matrimonial regime, their ascendants and descendants, the nature of the estate and identifies all the legal heirs.
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Declaration of Heirship Extra Judicial Settlement of Estate with Waiver of Share. Extra\u2013Judicial Settlement of Estate with Waiver of Share.
If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.
Descendant: one who is in the bloodline of an ancestor. (Descendants include children, grandchildren, great grandchildren, etc.) Direct Heir or Legatee: one who is of the direct line of the decedent. This includes children, grandchildren, parents, and grandparents.
Surviving spouses and children are first to qualify as direct heirs-at-law in California's Intestate Succession which orders the priority of heirs on how closely they are related to the decedent. Grand children would qualify as direct heirs only if their parents are deceased.
If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.

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