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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.
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.
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.
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.
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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A New York small estate affidavit is a legal document that facilitates the transfer of assets of a person who died.
Generally, the heirs of the decedent are their surviving spouse and children, including all of decedent's biological children and adopted children.
VOLUNTARY ADMINISTRATION or SMALL ESTATE PROCEEDING may be used when a fiduciary is needed to transfer estate assets (personal property only) and the value of the assets does not exceed $50,000, exclusive of property set off under EPTL 5-3.1. This is a legal proceeding and you may need the assistance of a lawyer.
The filing fee is $1.00. The easiest way to make the court papers is to use the Small Estate DIY (Do-It-Yourself) Form program. This program walks you step-by-step to complete the paperwork you need and gives you helpful definitions and legal information.
countable noun [oft with poss] An heir is someone who has the right to inherit a person's money, property, or title when that person dies.

affidavit of heirship new york form