An heirship affidavit is used to state the heirs of a deceased person. It is commonly used to establish ownership of personal and real property. It may be recorded in official land records, if necessary. Example of use: Person A dies without a will, leaves a son and no estate is opened. When the son sells the land, the son obtains an heirship affidavit to record with the deed. The person executing the affidavit should normally not be an heir of the deceased, or other person interested in the estate. The affidavit of heirship must also be signed by a notary public.
The San Jose, California Affidavit of Warship, Next of Kin or Descent — Decedent Died Intestate is a legal document that serves as proof of a person's rightful ownership to the decedent's assets when they pass away without leaving a valid will or testament. This affidavit is crucial in determining the distribution of the deceased person's estate among the rightful heirs. In San Jose, California, there are two main types of Affidavit of Warship, Next of Kin or Descent — Decedent Died Intestate, namely: 1. General Affidavit of Warship: This type of affidavit is used when there is no will or other estate planning documents left by the deceased individual. It is usually prepared and notarized by a qualified person, such as an attorney, who has conducted an investigation to identify the decedent's heirs and their respective shares of the estate. The affidavit includes information about the decedent's family, their marital status, children, and any other potential beneficiaries. 2. Small Estate Affidavit of Warship: This variation of the affidavit is used when the value of the decedent's estate falls below a certain threshold specified by California law, typically $166,250. It is a simplified version of the general affidavit, intended to expedite the distribution of smaller estates. The small estate affidavit allows heirs to collect assets, such as bank accounts, personal property, and certain real estate properties, without having to go through the probate process. Keywords: San Jose, California, affidavit of warship, next of kin, descent, decedent, died intestate, legal document, assets, will, testament, distribution, estate, heirs, general affidavit, small estate affidavit, investigation, beneficiaries, marital status, children, small estate threshold, probate process.The San Jose, California Affidavit of Warship, Next of Kin or Descent — Decedent Died Intestate is a legal document that serves as proof of a person's rightful ownership to the decedent's assets when they pass away without leaving a valid will or testament. This affidavit is crucial in determining the distribution of the deceased person's estate among the rightful heirs. In San Jose, California, there are two main types of Affidavit of Warship, Next of Kin or Descent — Decedent Died Intestate, namely: 1. General Affidavit of Warship: This type of affidavit is used when there is no will or other estate planning documents left by the deceased individual. It is usually prepared and notarized by a qualified person, such as an attorney, who has conducted an investigation to identify the decedent's heirs and their respective shares of the estate. The affidavit includes information about the decedent's family, their marital status, children, and any other potential beneficiaries. 2. Small Estate Affidavit of Warship: This variation of the affidavit is used when the value of the decedent's estate falls below a certain threshold specified by California law, typically $166,250. It is a simplified version of the general affidavit, intended to expedite the distribution of smaller estates. The small estate affidavit allows heirs to collect assets, such as bank accounts, personal property, and certain real estate properties, without having to go through the probate process. Keywords: San Jose, California, affidavit of warship, next of kin, descent, decedent, died intestate, legal document, assets, will, testament, distribution, estate, heirs, general affidavit, small estate affidavit, investigation, beneficiaries, marital status, children, small estate threshold, probate process.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
