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An Affidavit of Heirship is a legal document used in some states to establish the legal heirs of a person who dies without a will. It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate).Name of spouse or dissolution (give app. dates). DO NOT COMPLETE the following three questions if the decedent left a surviving spouse and surviving children (or descendants of deceased children.). Spouse of the decedent. If widowed, please attach a copy of deceased spouse's death certificate. If no surviving spouse, all assets pass to the children and their descendants. An affidavit of heirship is a legal instrument used when someone dies who has real property titled in their name, but they did not have a Will. An affidavit of heirship is a legal instrument used when someone dies who has real property titled in their name, but they did not have a Will. If widowed, please attach a copy of deceased spouse's death certificate.