The elements of a proper affidavit of heirship include the following:

1. The affidavit must be in a form that is signed and sworn to by a person in a position to know the facts (a close relative or close acquaintance);
2. The affidavit must be notarized and the affiant's address should appear on the instrument;
3. Where the affiant claims to be the sole heir, then a corroborative affidavit by a disinterested person may be necessary;
4. The date of death, with an attached copy of the death certificate;
5. A recital that the decedent was the owner of land;
6. The value of the decedent's estate for federal tax purposes;
7. Whether the decedent died testate or intestate, with an attached copy of the will, if testate;
8. The number of times the decedent was married or a party to a civil union, the names of each spouse or civil union partner, and the reason for the termination of each marriage or civil union;
9. The number of children born to each marriage, the name of each child, and his or her age and marital status;
10. A positive statement that only the children listed were born of each marriage;
11. A positive statement that only the children listed were born to the deceased;
12. Whether the decedent did or did not adopt any children, and, if so, the name, age and marital status of each;
13. Whether any child of the decedent has died, if so, the date of death and all information necessary to determine whether there may be heirs or a per stirpes distribution;
14. If a child or spouse or civil union partner died after the deceased owner, that heir's share will pass through the heir's estate. Therefore, the heir's estate will have to be examined separately to determine the devolution of that share. That heir's estate must be examined, using the same procedure outlined in this chapter, including the affidavit of heirship; and
15. Where the decedent left no descendants, spouse or civil union partner, the affidavit must affirmatively so state before listing ancestors or collaterals.

The law in effect at the decedent's date of death governs heirship. For our underwriting exceptions for preparing title commitments for unprobated property, see here, and for our full guidelines, including information on how to waive exceptions, see the Underwriting Handbook chapter on Decedents’ Estates. If you have a question regarding the applicable law, or any other question arising out of the affidavit of heirship, contact the Underwriting Department at 800.252.0402, 312.372.8361 or legal@atgf.com.