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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. DO NOT COMPLETE the following three questions if the decedent left a surviving spouse and surviving children (or descendants of deceased children.).Name of spouse or dissolution (give app. dates). It is an affidavit used to identify the heirs to real property when the deceased died without a will (that is, intestate). For purposes of this affidavit, you must do the following: You must list ALL RELATIVES of the decedent, including yourself, if applicable. IN RE: ESTATE OF deceased. If widowed, please attach a copy of deceased spouse's death certificate. Who is an heir or devisee and has a legal incapacity. 2. Decedent died a resident of on . If widowed, please attach a copy of deceased spouse's death certificate.