Yes, you absolutely can. Here’s how it works:
Filing an heirship form — often referred to as an Affidavit of Heirship — is typically used when someone dies without a will (intestate). It’s a sworn statement that helps the court determine who the rightful heirs are.
Since you said:
- You are the only child
- There is no will
- You were left the home in a life estate
Your situation may be more straightforward than others, but here’s what you need to know:
What to Do:
1. Complete the Affidavit of Heirship
- Include the deceased’s name, date of death, and known heirs.
- State that there are no other surviving children, spouses, or relatives.
- It must be signed by 2 disinterested witnesses (people who are not heirs and have personal knowledge of the family structure) .
2. Notarize the Affidavit
- You and both witnesses should sign in front of a notary.
3. File the Form
- Take the completed, notarized affidavit to the probate or county court in the county where the deceased lived.
- Some states may require this to be recorded with the county clerk or register of deeds, especially if related to real estate.
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How to file an affidavit of heirship with no will and a life estate?
I understand you need help with filing an heirship form. Have you already gathered all the necessary information regarding the deceased individual’s assets and beneficiaries?
Yes.
Are you familiar with the specific requirements and procedures for filing an heirship form in the state where the deceased individual resided?
No.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with filing the heirship form.
There is no will and I am the only child. I was left the home in a life estate.
Thank you. One last question — have you already signed and notarized the form?
Yes.
Can I take this form to the courts after I get it notarized and 2 witnesses?
Good afternoon and welcome to AskaLawywer. Please give me a moment to review your question.
Just so you’re aware, this site is for legal information only — I can’t provide representation and no attorney-client relationship is formed. It’s always best to consult a local attorney to review the specifics of your case.
Also, I am hearing impaired, so phone consultations may not be ideal. Thanks for understanding.
Yes, you absolutely can. Here’s how it works:
Filing an heirship form — often referred to as an Affidavit of Heirship — is typically used when someone dies without a will (intestate). It’s a sworn statement that helps the court determine who the rightful heirs are.
Since you said:
- You are the only child
- There is no will
- You were left the home in a life estate
Your situation may be more straightforward than others, but here’s what you need to know:
What to Do:
1. Complete the Affidavit of Heirship
- Include the deceased’s name, date of death, and known heirs.
- State that there are no other surviving children, spouses, or relatives.
- It must be signed by 2 disinterested witnesses (people who are not heirs and have personal knowledge of the family structure) .
2. Notarize the Affidavit
- You and both witnesses should sign in front of a notary.
3. File the Form
- Take the completed, notarized affidavit to the probate or county court in the county where the deceased lived.
- Some states may require this to be recorded with the county clerk or register of deeds, especially if related to real estate.
Special Note on the Life Estate:
If you were given a life estate and the deed was properly recorded before the person passed:
- You may not need full probate to stay in the home.
- You may just need to provide the death certificate and the recorded deed to prove your right to live there for life.
If the life estate was not legally recorded, or is informal, you may need to:
- Go through probate to confirm rights
- Work with a title company to fix the record if needed
Does that make sense?
Yes. I think I know what to do now. Thank you!
