AFFIDAVIT OF HEIRSHIP Deceased PROPERTY INVOLVED: Lease No 2025

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When the owner of a house dies and there is a Will, the house will pass to the beneficiary named in the document. Once Probate court has validated the Will, the Executor can assist with transferring the property to the heir. This is typically the simplest way to transfer the home after an owner dies.
The affidavit or declaration of heirship is most commonly prepared by an attorney, or an heir search firm on the attorneys behalf, to ensure compliance with state-specific probate codes.
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.
The person submitting the Affidavit is called an affiant. The affiant typically uses the document to verify something they know is true or to formally present evidence in a court case. For example, to verify their identity or detail events that led to a motor vehicle accident.
An affidavit of heirship is a legal document used to transfer property left by a deceased individual. Typically completed by a family member or close friend of the deceased, this person must have family knowledge and be able to verify the identities of heirs.
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If there is no surviving spouse or children, the property goes to the decedents parents. If the parents are also deceased, the inheritance goes to siblings, nieces, nephews, grandparents, great uncles, great aunts, and other relatives ing to Californias intestate succession laws.
You sign the document in front of a notary (if required in your state) and file it with the court or the county (whichever is required by your state). A small filing fee may be required. Once the affidavit is accepted, title in the deceaseds assets will pass on to you.

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