Affidavit of Heirship - North Carolina

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An affidavit of heirship is a sworn statement of a deceased person’s family history identifying the legal heirs. Title companies and institutions use it, often with a probate or small estate procedure. An affidavit of heirship is a sworn statement of a deceased person’s family history identifying the legal heirs. Title companies and institutions use it, often with a probate or small estate procedure.

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Who this form is for

• An affidavit of heirship is a sworn statement of a deceased person’s family history identifying the legal heirs. Title companies and institutions use it, often with a probate or small estate procedure.

What you'll need

• Read the packet and check the receiving agency's required form.
• Gather the names, dates and supporting records requested in the document.
• Review the packet's signing, identification and witness instructions.

How to complete it

1. Who signs Someone who knew the decedent and the family well, preferably a person who is not an heir. Title companies often want two such affiants.
2. Complete every item (Pages 1–2) Give full names, dates, and addresses. Write "None" where an item does not apply.
3. Swear before a notary (Page 3) Sign under oath before the notary with a current, government-issued photo ID.
4. Record the original with the Register of Deeds of the county where the property is located. if it relates to real estate.
5. In North Carolina, heirs’ title to inherited real estate can be affected by the estate’s debts for two years after death (G.S. 28A-17-12), so title companies often require an estate proceeding or other proof. Ask a closing attorney what is required.

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These forms are a free convenience, not legal advice. First Choice Mobile Notary & Apostille is not a law firm. Consult an attorney licensed in the relevant state for legal questions.

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