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AFFIDAVIT (LACK OF PROBATE) 2026

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The document is an affidavit for lack of probate, allowing rightful heirs to claim real property of a deceased individual who either left no will or whose will has not been probated. It includes sections for the affiant's details, relationship to the decedent, property description, and identification of all heirs at law. The affidavit must be notarized and submitted with required documentation to the county treasurer for property transfer.

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Click ‘Get Form’ to open the AFFIDAVIT (LACK OF PROBATE) in the editor.
Begin by entering your name as the affiant in the designated field. This is crucial as it identifies you as the person making the affidavit.
Next, specify your relationship to the decedent. This helps establish your legal standing as an heir.
Fill in the decedent's name and date of death, along with their city, county, and state of residence at the time of death.
Provide a brief legal description of the real property involved. Ensure accuracy for proper identification.
Indicate whether the decedent left a will or not by checking the appropriate box.
List all heirs at law on additional pages if necessary, including their full names, ages, relationships to the decedent, and addresses.
Finally, sign and date the affidavit at the bottom. Ensure that you also provide your contact information for any follow-up.

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What is an affidavit of heirship in Washington state?

An Affidavit of Heirship is a sworn legal statement that identifies the heirs of a deceased person in situations where a formal will does not exist. This document details the familial relationships, listing the names, addresses, and degrees of kinship of all potential heirs.

What is an affidavit of heirship in Illinois?

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.

Does an affidavit need to be made by a lawyer?

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.

How much does an affidavit of heirship cost?

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.

Who can prepare an affidavit of heirship?

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.

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Do you need a lawyer to draw up an affidavit of heirs in Illinois?

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.

AFFIDAVIT (LACK OF PROBATE) 2026

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Got questions?

What is an affidavit of heirship in Washington state?

What is an affidavit of heirship in Illinois?

Does an affidavit need to be made by a lawyer?

How much does an affidavit of heirship cost?

Who can prepare an affidavit of heirship?

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Do you need a lawyer to draw up an affidavit of heirs in Illinois?

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