Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
An heirship affidavit is a sworn statement identifying the heirs of a deceased person when probate is not required or to clear title to real estate. In Rhode Island, although there is no specific statute titled “heirship affidavit,” practitioners rely on the probate statutes governing intestate succession and affidavit procedures. Follow these steps:
1. Determine Whether an Affidavit Is Appropriate
If the decedent’s estate is small and no formal probate administration is needed, or if you need to clear title to property, an affidavit may suffice. For full administration, see R.I. Gen. Laws § 33-9-1 et seq. (webserver.rilin.state.ri.us).
2. Gather Required Information
- Full legal name and date of death of the decedent.
- Last known address of the decedent.
- List of all heirs (spouse, children, siblings, etc.) with relationship, residence, and contact information.
- Description and location of real property, if clearing title.
- Any known wills or prior probate filings.
3. Draft the Affidavit
Your affidavit should include:
- A heading stating “Affidavit of Heirship.”
- A statement of the affiant’s identity and relationship or close knowledge of the decedent and heirs.
- Recitals of the decedent’s death, lack of a will (if intestate), and absence of formal probate.
- A clear list of heirs under R.I. Gen. Laws § 33-3-1 et seq. (webserver.rilin.state.ri.us).
- A legal description of the property, if applicable.
- A statement that no other person has a superior claim to the property or heirship.
4. Notarization and Witnesses
Rhode Island law requires that affidavits be sworn before a notary public. Confirm whether two witnesses are needed by the county recorder or registry of deeds.
5. Record or File the Affidavit
If clearing real estate title, record the affidavit at the county registry of deeds where the property lies. For general heirship purposes, file a copy with the probate court or retain it with estate records.
For further guidance on probate procedures, see R.I. Gen. Laws § 33-9-42 (webserver.rilin.state.ri.us).
Helpful Hints
- Verify decedent’s death date with a certified death certificate.
- Use precise legal descriptions from deeds when describing real property.
- Keep clear records of how you identified each heir.
- Check with the local registry of deeds for any formatting requirements.
- Consider a brief attorney review to avoid delays.