How to Prepare an Affidavit of Heirs in Florida

Losing a loved one is difficult, and handling legal matters afterward can feel overwhelming—especially if they didn’t leave a will. In Florida, one way to establish who is entitled to inherit their assets is by preparing an affidavit of heirs.

In this blog, we’ll explain everything you need to know about this document, including when it’s needed, how to create one, and why consulting an affidavit of heirship attorney can save you time and stress. Whether you're looking for a clear process or an affidavit of heirship sample, this guide will help you move forward confidently.

What Is an Affidavit of Heirs?

An affidavit of heirs—also known as an affidavit of heirship—is a sworn legal document used to identify a deceased person's rightful heirs when no valid will exists. It outlines who is legally eligible to receive the estate based on Florida’s intestacy laws.

This document is commonly used in probate court or by financial institutions to help distribute assets like property, bank accounts, and other valuables. It's important to note that it doesn’t replace a will or trust—it only clarifies legal heirs after someone’s passing.

When Do You Need an Affidavit of Heirship?

You’ll likely need to prepare an affidavit of heirship in Florida if:

• The deceased left no will.

• The estate must be settled through probate.

• Real estate or financial assets need to be transferred.

• There’s uncertainty or dispute about who qualifies as a legal heir.

This document provides clarity and avoids unnecessary delays or legal disagreements during estate distribution.

How to Prepare an Affidavit of Heirs in Florida

Step 1: Gather Key Details

Begin by collecting all the necessary information about the decedent and their family. This typically includes:

• The deceased’s full legal name and date of death

• Names, relationships, and contact information of all known heirs

• A certified copy of the death certificate

• Any available documents related to prior wills or trusts

• Proof of the relationship between the deceased and the heirs

If any of the heirs are under 18, written consent from their legal guardian will also be required.

Step 2: Draft the Affidavit

Once you have all the documentation, the next step is to prepare the affidavit. While you can find a basic affidavit of heirship sample online, make sure it meets Florida’s legal requirements.

The affidavit should include:

• A statement by someone (the affiant) familiar with the deceased and their family

• Identification of each heir, along with their relationship to the deceased

• Information about whether the deceased had a spouse or children

• A declaration of whether a will was made

Accuracy matters—double-check all names, dates, and relationships to prevent problems during probate.

Step 3: Notarize the Affidavit

Florida law requires this document to be signed in front of a notary public to make it valid. You can find notary services at local banks, courthouses, shipping centers, or online. Once notarized, the affidavit becomes an official legal document.

Step 4: Submit It to the Court

After the affidavit is notarized, it should be filed with the relevant probate court or shared with institutions involved in managing the estate. The court will use this information to confirm the rightful heirs and oversee the distribution of assets.

If any disagreements between heirs arise, the court may request additional evidence or mediation before finalizing the estate.

Should You Work with an Affidavit of Heirship Attorney?

While it’s possible to complete the process on your own, hiring an experienced affidavit of heirship attorney can make a big difference—especially if:

• The estate is large or complex

• There are multiple heirs or unclear relationships

• Disputes among heirs are likely

• You're unsure how to meet all legal requirements

An attorney will ensure that the affidavit is drafted properly, submitted on time, and accepted without issue. They’ll also help you avoid common mistakes and delays in court.

Frequently Asked Questions

What exactly does an affidavit of heirs do?
It legally identifies the heirs of someone who passed away without a will, helping courts and financial institutions know how to divide the estate.

What should be included in the affidavit?
It should list the decedent’s personal information, names and relationships of all heirs, and any information about prior estate planning.

Can I find an affidavit of heirship sample online?
Yes, many legal websites offer templates. Just make sure the affidavit of heirship sample is compliant with Florida laws.

Is this document enough to claim inheritance?
It helps prove heirship, but depending on the estate’s complexity, additional steps in the probate process may be required.

Let The Law Offices of Mary King Help You Through the Process

If you need help drafting or filing an affidavit of heirs in Florida, the trusted team at The Law Offices of Mary King is here for you. With extensive experience in probate and estate planning, we can help ensure every legal detail is properly handled.

Our knowledgeable affidavit of heirship attorneys will guide you from start to finish, making the process as smooth and stress-free as possible.