Affidavit of Heirship in Florida
An affidavit of heirship is a sworn statement that identifies the legal heirs of a deceased Florida property owner who died without a will. This document provides evidence of succession when no probate proceeding was conducted, enabling the heirs to establish their claim in the public record.
When This Affidavit Is Used
Florida title companies frequently encounter properties where the record owner died intestate years or decades ago and no one opened a probate estate. Without probate, there is no court order establishing who inherited the property. An affidavit of heirship fills this gap by identifying the decedent's heirs under Florida's intestacy statute (Section 732.102) and documenting their relationship to the decedent.
Limitations
An affidavit of heirship is not a court determination of ownership. It is evidentiary support that title companies use to assess risk and make underwriting decisions. For high-value properties or disputed successions, Florida title underwriters may require a summary administration or formal probate proceeding to establish clear, insurable title. The affidavit works best for straightforward family situations with a small number of clearly identified heirs.
Related Terms
- Intestate Succession
- Affidavit of Death
- Probate
Barnes Walker Estate Planning
Barnes Walker handles heirship determinations and probate matters for families throughout Southwest Florida. Contact us for estate administration guidance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC