Disclaimer: This article provides general information only and does not constitute legal advice. Consult a qualified attorney for advice about your specific situation.
Detailed Answer
In Pennsylvania, an heirship affidavit (also called an affidavit of heirship) is a sworn statement identifying the decedent’s spouse and next of kin when no formal probate has occurred. It helps clear title to real property. Although each county may offer its own form, the statewide process generally follows these steps:
1. Gather Required Information
- Decedent’s full name, date and place of death
- Marital history and names of any prior spouses
- Names, birthdates, addresses and relationships of all potential heirs
- Supporting documents: certified death certificate, marriage licenses, birth records
2. Obtain or Draft the Affidavit Form
Visit the Recorder of Deeds or Orphans’ Court clerk in the county where the real estate is located to request a template. If no template exists, draft an affidavit including:
- A statement of personal knowledge or due inquiry into the family history
- Decedent’s identifying details (name, date of death, last address)
- A list of known heirs with relationship and current residence
- The share each heir inherits under intestate succession
- A declaration that no other spouse or heir exists to the affiant’s knowledge
3. Sign and Notarize the Affidavit
Each affiant must sign the affidavit in the presence of a notary public. The notary verifies identities, administers the oath and affixes a seal.
4. Record the Affidavit
File the notarized affidavit with the Recorder of Deeds in the county where the property is located. Recording fees vary by county. After recording, request a certified copy for your records.
5. Consider Probate Filing if Necessary
If the estate’s assets exceed the small estate threshold or if creditors or heirs dispute succession, you may need to open an informal or formal probate in Orphans’ Court. See Title 20 Pa.C.S.A. §3101 et seq. (20 Pa.C.S.A.).
Helpful Hints
- Check your county Recorder of Deeds website for a sample affidavit form.
- Obtain multiple certified copies of the death certificate before drafting the affidavit.
- Verify each heir’s relationship with original or certified vital records.
- Keep original affidavits and recorded copies in a secure location.
- When in doubt, consult an attorney experienced in Pennsylvania estate matters.