Someone died owning a home — but left NO will, and there’s no transfer-on-death or lady bird deed to pass it on. So how do the heirs get the house out of the deceased owner’s name without a full, expensive probate? In most states the answer is an Affidavit of Heirship: a sworn, recordable statement by a DISINTERESTED person who knew the deceased and the family — a friend, neighbor or relative with no stake in the estate — that establishes, under oath, who the heirs at law are, so title passes by intestate succession and the record chain of title can be completed in the heirs’ names. This makes that instrument. Pick the family situation and PaperKit reframes the whole heirs-at-law recital and the intestacy shares: a surviving spouse plus children; a surviving spouse and no children (spouse takes all); children only, no spouse (equal shares); no spouse and no children (the parents / siblings / next of kin take); or a single sole heir. Name the affiant and how long they knew the deceased, name the Decedent with the date and place of death and residence, list the heirs with their relationships, ages and addresses, and give the property address, legal description and parcel number. PaperKit assembles the full sworn affidavit — the affiant’s knowledge and disinterest, the recital that the Decedent died intestate leaving no will, the family history, the heirs at law and their shares, that the estate’s debts are paid, and the descent of the property — then the affiant swears to it and e-signs. Hosted online for the affiant to review, swear & e-execute. Clean recordable PDF. (Affidavits of heirship, who may swear them, and their effect on title all vary by state — confirm your state’s law and your title company’s requirements.)
The big lever — this reframes the family-history recital and the intestacy shares. Pick the situation that matches the Decedent's surviving family.
No surviving spouse — the children (and the issue of any deceased child) take in equal shares.
An affidavit of heirship is not signed by the deceased owner — it is a sworn statement by a DISINTERESTED AFFIANT who knew the Decedent and the family (often a friend, neighbor or relative with no stake in the estate). The affiant executes and swears to it under oath; the heirs take by law and do not sign.
These are the standard sworn recitals a recorder / title company looks for in an affidavit of heirship. PaperKit recites them; the affiant swears to them under oath and penalty of perjury when e-executing. Confirm they are true before swearing.
A real, section-by-section recordable sworn affidavit. The family-structure choice drives the heirs-at-law recital and the intestacy shares; the sworn-recital checkboxes toggle the disinterested / no-will / debts-paid statements. Publish to get a hosted link the affiant can swear to & e-execute online.
$9/mo — remove the DRAFT watermark + “Made with PaperKit” badge, unlimited clean-PDF recordable affidavits, and Pro across every tool.
An affidavit of heirship is a template for convenience, not legal advice. It is used when a person dies without a will to establish the heirs at law so title can pass by intestate succession outside full probate, but its sufficiency, the required form and wording, who may serve as affiant (many states expect a disinterested affiant), the number of affidavits, the waiting period, and the heirs and their shares all depend on the intestacy statute of the state where the property sits. The affidavit must generally be SWORN TO before a notary and RECORDED; some estates need a probate or a small-estate proceeding instead, and a title insurer may require additional proof. PaperKit is not a law firm. Review the instrument and consult a qualified attorney or your title company.