Title and closing

How to Get a Seller to Provide an Affidavit of Heirship

Getting a seller to provide an affidavit of heirship involves clearly explaining its purpose and guiding him or her through the process, often with the help of a title company or attorney. This document is essential for proving ownership when a property passes without a will or through an unprobated will.

October 12, 2026 · 3 min read

Understanding the affidavit of heirship

An affidavit of heirship is a legal document used to establish the rightful heirs of a deceased person's property when there is no will or the will has not been probated. It essentially outlines the family history and relationships to determine who legally inherits the property.

This document is typically prepared by an attorney and signed by two disinterested witnesses who knew the deceased and his or her family. It is then recorded in the public records of the county where the property is located.

When an affidavit of heirship is needed

You will often encounter the need for an affidavit of heirship when dealing with inherited properties where the previous owner passed away without a valid will (intestate), or if a will exists but the heirs do not want to go through the lengthy and costly probate process.

Title companies will almost always require this document to insure title on properties that have passed through inheritance without probate, ensuring clear chain of title for the next owner.

Explaining the document to the seller

When you ask a seller for an affidavit of heirship, he or she might not understand what it is. Explain that it is a common procedure for inherited properties to show who the legal owners are, especially if there was no will.

Emphasize that it is a routine step required by the title company to ensure a smooth closing and that it protects all parties involved by clarifying ownership.

Who can complete and sign the affidavit

The affidavit itself is usually prepared by an attorney, but it must be signed by two 'disinterested' witnesses. These are people who knew the deceased and his or her family, but do not stand to inherit from the estate themselves.

The witnesses affirm under oath the family history, including marital status, children, and other heirs. The person signing as the affiant (the one making the statement) is typically one of the heirs.

Working with title companies and attorneys

Your best resource for obtaining an affidavit of heirship is the title company you plan to use for the closing, or a real estate attorney. They can provide the necessary forms, guide the seller on who can sign, and ensure it is properly executed and recorded.

It is not legal advice to guide the seller yourself. Always defer to the title company or legal counsel to prepare and process this document correctly. They understand the specific requirements for your state and county.

Common objections and how to address them

Sellers might be hesitant due to the perceived complexity, cost, or a lack of understanding. Reassure them that it is a standard part of the process for inherited properties and that the title company or attorney will guide them through it.

Address concerns about cost by explaining that it is a necessary step to clear title and that you, as the buyer, are ready to move forward once the title is clear. Sometimes, the title company will cover the preparation cost as part of their services.

Questions people ask

Can the seller just write his or her own affidavit?

No, an affidavit of heirship needs to be properly drafted and executed according to state law, often requiring an attorney's involvement to ensure it contains all necessary legal information and is admissible for title purposes.

What if an heir refuses to sign?

If a rightful heir refuses to sign or cooperate, obtaining a clean title through an affidavit of heirship becomes difficult, if not impossible. In such cases, the property might require formal probate or a quiet title action, which can be lengthy and impact your deal.

Does an affidavit of heirship replace a will?

An affidavit of heirship does not replace a valid will. It is a tool used when there is no will, or an unprobated will, to establish legal heirs for real estate. If a will exists and is probated, that process typically dictates heirship.