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You need to prove you tried to find all the heirs and prove they are not alive or entitled to receive money, but you are. Then, when in court, you would have to present the evidence in a systematic way and provide testimony, including possibly from unrelated witnesses to help prove your case.
An Affidavit of Heirship is a document that formally identifies the heirs of a deceased person. When recorded in the real property records, an Affidavit of Heirship has the effect of transferring the decedent's real estate to his/her heirs.
An affidavit of heirship must be filed with the real property records in the county where the land is located. Call the county clerk and ask how much their filing fees are. The filing fees vary from county to county. The first page usually costs more than the other pages.
If you are named as an heir, you may have to prove to the estate trustee that you are the person named. This can be done by showing the estate trustee identification or providing an affidavit.
The Affidavit of Heirship form you file must contain:The decedent's date of death.The names and addresses of all witnesses.The relationships the witnesses had with the deceased.Details of the decedent's marital history.Family history listing all the heirs and the percentage of the estate they may inherit.