Disclaimer
This blog article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for advice tailored to your situation.
Detailed Answer
An affidavit of heirship is a sworn statement listing a decedent’s heirs and describing property to transfer. In Washington, you typically use a small estate affidavit for personal property under RCW 11.62.010 or record an affidavit to cure title defects in real property under RCW 65.04.015.
1. Determine Eligibility
Personal property: The total estate value must not exceed $100,000. See RCW 11.62.010 for limits and exclusions.
Real property: No probate is pending, and heirs need to clear title in county records.
2. Gather Required Information
- Decedent’s full name, date of death, and last known address.
- A complete list of heirs with full legal names and relationship to the decedent.
- Description of property: account numbers for bank assets or parcel numbers for real estate.
- Certified copy of the death certificate.
3. Draft the Affidavit
- Title the document “Affidavit of Heirship.”
- Identify the affiant(s): name, address, and relationship to the decedent.
- Include a sworn statement attesting that the decedent died without a recorded will or pending probate.
- List each heir, their relationship, and the share or nature of the property passing to them.
4. Notarize and File
Sign the affidavit before a Washington notary public. For a small estate affidavit, deliver the notarized document and death certificate to the institution holding the personal property (e.g., bank). To record an affidavit of heirship for real property, file it with the county auditor’s office and pay any recording fees as required by RCW 65.04.015.
5. Distribute Certified Copies
Obtain certified copies of the recorded affidavit from the county recorder. Provide these to each heir, any asset holder, and other relevant parties to effect the transfer.
Helpful Hints
- Review the small estate limits and definitions under RCW 11.62.010 before drafting.
- Check your county auditor’s website for sample affidavit forms or fee schedules.
- Keep detailed records of all filings, receipts, and certified copies.
- Consider a title or escrow company’s assistance for complex real property transfers.
- Verify all names, dates, and parcel or account numbers against official documents.