What is an affidavit of heirship?

Probate refers to the legal process of distributing a person’s property upon their death. If there is a will, the court will consider the will and make sure that the debts, taxes, and expenses of the decedent are paid before the remaining assets are distributed to the heirs and beneficiaries. If there is no will, but the decedent’s assets, exclusive of real estate, are more than $50,000, an Affidavit of Heirship can be filed with the probate court.

When there is no will and the estate is worth more than $50,000, the probate court will usually appoint an “attorney ad litem” to represent the interest of potential heirs. Additionally, if there are minor children involved, a guardian may be assigned by the judge.

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