How to Prepare an Heirship Affidavit in Mississippi

Disclaimer: This article is for educational purposes only and does not constitute legal advice.

Detailed Answer

An affidavit of heirship is a sworn statement used to identify the heirs of a person who died without a will. In Mississippi, you can use this document to clear title to real estate when no formal probate administration is open. Although Mississippi has no specific statute governing affidavits of heirship, practitioners rely on common-law procedures and the intestate succession rules under Miss. Code Ann. § 91-5-25 to establish heirs.

1. Understand the Purpose

An affidavit of heirship:

• Names the decedent and date/place of death.
• Identifies the surviving spouse and other heirs.
• Describes the real property whose title you seek to clear.
• Serves as evidence for title companies and land records offices.

2. Gather Required Documents

• Certified copy of the decedent’s death certificate.
• Marriage certificate (if a spouse survived).
• Birth certificates or legal documents proving relationship of each heir.
• Existing deeds, surveys, or legal descriptions of the property.

3. Locate Disinterested Witnesses

Mississippi practice calls for two disinterested witnesses (people who are not heirs and have personal knowledge of the family history). They will attest under oath to the identities of the decedent’s heirs.

4. Draft the Affidavit

Your affidavit should include:

• A sworn statement by the affiant (often a family member or someone with direct knowledge) detailing the decedent’s death and lack of a will.
• Names, ages, and relationships of all heirs at the time of death.
• Accurate legal description of the property.
• Certification by two disinterested witnesses.
• A notary section with a jurat acknowledging all signatures.

5. Sign and Notarize

The affiant and both witnesses must sign in the presence of a Mississippi notary public. The notary then completes the jurat.

6. File with the Circuit Clerk

Record the affidavit in the office of the circuit clerk in the county where the real property is located. Upon recording, most title companies will honor the affidavit as evidence of heirship.

Helpful Hints

• Verify the legal description matches the recorded deed exactly.
• Use only disinterested witnesses with direct knowledge of the family structure.
• Check with the local circuit clerk for any formatting or filing fee requirements.
• If multiple heirs live out of state, consider an apostille for notarized signatures.
• When in doubt, consult a probate attorney to avoid title disputes.