Business Law

Ask a Business Lawyer. Get Business Law Questions Answered ASAP.

Ask a Lawyer,
Get an Answer ASAP!

Business Law
This answer was rated:

What is an affidavit of heirship? What is the purpose of

What is an affidavit of...
What is an affidavit of heirship?
What is the purpose of obtaining this document?
How can this document being used?
Show More
Show Less
Ask Your Own Business Law Question
Answered in 8 minutes by:
7/31/2013
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 39,480
Experience: 17 years practicing attorney, JD, BA, MBA
Verified
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
An affidavit of heirship is a form that they have someone complete so they can inherit assets without going through a full formal probate case. If someone died without a will and left real estate, the heirs can file an affidavit of heirship in the county clerk's/property records office to transfer the property to them.
.
According to the provisions of the Probate Code, the Affidavit must be signed by two disinterested witnesses—i.e. two people who knew the Decedent and his family history but do not stand to gain anything financially from the estate. They have to swear that they personally knew the deceased and the family members and heirs, that the deceased didnt' owe any debts and that they don't stand to make anything from the estate by signing the affidavit.
.
Once the affidavit has been signed and recorded in the county clerk/land records of the county, it keeps the chain of title intact with regard to the property ownership. At that point, most title companies and real estate companies will allow the heirs to sell the property.
.
.
Thanks
Barrister
Ask Your Own Business Law Question
Customer reply replied 4 years ago


Thank you for the information you sent. Additional question:


Is the purpose and use of the Affidavit of Heirship limited only to the property on the affidavit?


 


I ask because my father died recently and at the suggestion of a friend, we obtained an Affidavit of Heirship for my mother. So does this document simply confirm that she is now the heir to the property they owned together. We are interested in knowing if we can use this document for any other purpose.

Is the purpose and use of the Affidavit of Heirship limited only to the property on the affidavit? So does this document simply confirm that she is now the heir to the property they owned together.

.

Yes, the Affidavit is strictly for the purpose of transferring the assets of the deceased to the heirs at law if there is no will.

.

But if mother owned property with father and was on the deed, then she would become the sole owner instantly if they owned it as joint tenants on the deed. But if father had real estate or personal property in his name only, the Affidavit would list the heirs at law so as to show who would be entitled to inherit.

.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

 

Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 39,480
Experience: 17 years practicing attorney, JD, BA, MBA
Verified
Barrister and 87 other Business Law Specialists are ready to help you
Ask your own question now
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Business Law
Satisfied Customers: 39,480
39,480 Satisfied Customers
Experience: 17 years practicing attorney, JD, BA, MBA

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Infolawyer

Infolawyer

Attorney

1,851 satisfied customers

Experienced lawyer

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,611 satisfied customers

Run my own successful business/contract law practice.

MShore Law

MShore Law

Attorney

1,233 satisfied customers

Drafted Negotiated and/or Reviewed Thousands of Commercial Agreements

RGMacEsq

RGMacEsq

Attorney

751 satisfied customers

Licensed Texas General Practice Attorney

Barrister

Barrister

Attorney

39,480 satisfied customers

17 years practicing attorney, JD, BA, MBA

Ely

Ely

Attorney

577 satisfied customers

Counselor at Law.

J.Hazelbaker

J.Hazelbaker

Attorney

393 satisfied customers

Experienced and trained in the area of business law.

< Previous | Next >

Related Business Law Questions
I got served papers for infringing on a company's trademark.
I got served papers for infringing on a company's trademark. I spoke to the plaintiffs lawyer and they agreed to drop the lawsuit if I promise to stop using their clients name. Should I have a lawyer … read more
Lori
Lori
Juris Doctor
256 satisfied customers
Can a president of a non profit club change our bylaws
can a president of a non profit club change our bylaws without a meeting of club members … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I'm just trying to see if there are any significant Optional
I'm just trying to see if there are any significant Optional Provisions I should include when forming my LLC. … read more
Thelawman2
Thelawman2
Doctoral Degree
1,287 satisfied customers
There was a damage claim that was paid to my neighbors by
There was a damage claim that was paid to my neighbors by the city. After I returned from France several week later, damage was found to my property. The city will not pay my claim. If there is doubt … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,695 satisfied customers
What are the basic steps of starting an LLC, this is in
Hello, what are the basic steps of starting an LLC, this is in continuation tomy previous question.thanks… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I have a Town Home in my sons and my name, and another in my
Hello, I have a Town Home in my sons and my name, and another in my husband and my name. We would like to rent them out under a common LLC which I plan to open. I would like to know the benefits of ha… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I need to find someone to help me with a small project for
I need to find someone to help me with a small project for my LLC. Is this person considered my contractor? What paperwork should be involved? Thanks.… read more
Michael Lykken, Esq
Michael Lykken, Esq
Partner
Juris Doctor
110 satisfied customers
I have been trying to get a refrigerator fixed in my home
I have been trying to get a refrigerator fixed in my home since July. Sears had repeatedly scheduled, rescheduled, confirmed and cancelled appointment on this repair. I am very upset. I want someone t… read more
Damien Bosco
Damien Bosco
3,370 satisfied customers
I'm a marketing and sales agency thinking of accepting
I'm a marketing and sales agency thinking of accepting Bitcoin and other cryptocurrencies, in addition to USD.I'm incorporated in the US.Are there any tax implications or legal implications I should k… read more
JeniferPJD
JeniferPJD
Partner
Juris Doctor
2 satisfied customers
My case was ended with following info on Docket 11/15/2016.
My case was ended with following info on Docket 11/15/2016. "Praecipe to discontinue without prejudice filed . EO csae marked discontinued with service on 11/15/2016.". Was my lawyer allowed to refile… read more
Lori
Lori
Juris Doctor
256 satisfied customers
Which section of California Code lists the possible
Which section of California Code lists the possible objections I can use when responding to discovery documents?Or where can I find a list of the objections I can use, ideally with a brief explanation… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I need a lien filing procedure including a standard lien
I need a lien filing procedure including a standard lien notice that I can send to customers… read more
Lori
Lori
Juris Doctor
256 satisfied customers
I am representing myself.The civil lawsuit for personal
Second opinion] I am representing myself.The civil lawsuit for personal injury list me as "first name lastname dba my-spa-business-name". My business is registered as an S-Corp and the name is "my-spa… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,088 satisfied customers
I need help with step by step on how to... I need help with
I need help with step by step on how to... I need help with step by step on how to open a rental car business in South Florida. Incorporate - licenses - inspection - tax receipt etc.... step by step w… read more
Edward Young
Edward Young
Juris Doctor
150 satisfied customers
1) Per Building Department the California Health Code
Hello, 1) Per Building Department the California Health Code prohibits them to provide a copy of the plans in their possession to the public. Please provide the section of this code if it exists. Buil… read more
Michael Lykken, Esq
Michael Lykken, Esq
Partner
Juris Doctor
110 satisfied customers
I'm wondering how enforcable non-compete clauses are in the
I'm wondering how enforcable non-compete clauses are in the state of Oregon for a liscenced and credentialed professional? I am a Board Certified Behavior Analyst, and my current company is stating th… read more
Ray
Ray
Lawyer
Doctoral Degree
30,828 satisfied customers
I have a client in Orlando Florida, he has a company already
I have a client in Orlando Florida, he has a company already and we would like to get all the permits/licenses so he can work on a contract installing floors. what is all the documents, licenses or pe… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a vendor that was charging me about $50 per month for
I have a vendor that was charging me about $50 per month for a service. I cancelled the service but didn't pay the outstanding balance right away. They continued to bill me the $50 per month and claim… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x