If you need to prepare an Affidavit of Heirs in Florida, don’t worry—it doesn’t have to be overwhelming. We’ll walk you through each step to help you get it done efficiently and accurately. Let’s dive in!

What Is an Affidavit of Heirs?

An Affidavit of Heirs is a sworn statement that identifies the rightful heirs of a deceased person when no will or trust exists. It confirms who legally inherits the estate under Florida law. This document is not a substitute for a will—but it is crucial in establishing heirs when no will is available.

Why Is an Affidavit of Heirs Important?

An Affidavit of Heirs is particularly useful when someone dies intestate (without a will) and leaves behind assets that need to be distributed. It helps:

• Clearly identify surviving heirs

• Prevent disputes or confusion

• Support estate administration when no will is present

This document brings clarity and legal authority to move forward with heirs' claims.

How to Create an Affidavit of Heirs in Florida

Follow these four essential steps to prepare your Affidavit of Heirs correctly:

Step 1: Gather Required Documentation

Collect all relevant information, including:

• The decedent's full name and date of death

• Names, ages, and relationships of all potential heirs

• Proof of family connections (e.g., birth or marriage certificates)

• A death certificate

• If minors are involved, include written consent from their legal guardian

Having these documents on hand will streamline the process and ensure accuracy.

Step 2: Complete the Affidavit Form

Carefully fill out the affidavit form, ensuring all details are precise. Commonly required information includes:

• Details of the decedent

• Complete heir information (name, age, relationship)

• An inventory of known assets

• Notarized signature from the person completing the form (the affiant)

Accuracy is key—typos or incorrect data can delay court approval.

Step 3: Notarize and File the Affidavit

Once the form is complete, sign it in front of a notary public (available at banks and post offices). Then, submit the notarized affidavit to the probate court in the county where the deceased lived. If you need help, an experienced estate planning attorney can assist with notarization and filing.

Step 4: Court Review and Final Disbursement

After filing, the court will:

1. Review the affidavit and check the heir was correctly identified

2. Address any disputes or missing heirs

3. Officially recognize heirs, allowing estate distribution to proceed

Once the court approves, the Affidavit of Heirs serves as legal proof of inheritance rights.

Common Questions About Affidavit of Heirs

What information is needed?
You’ll need the deceased’s personal details, a sworn list of heirs (with names, ages, and relationships), a description of known assets, and the death certificate.

Is there a required format?
Yes—Florida requires a specific statutory format for affidavits (Fla. Stat. §732.901). Be sure to use an approved template or consult an attorney.

Do I need an attorney?
Not always—but a lawyer can ensure your affidavit meets legal standards and avoid errors or delays during filing or court review.

Legal Support from The Law Offices of Mary King

If you're preparing an Affidavit of Heirs in Florida, the experienced attorneys at the Law Offices of Mary King are ready to assist. With extensive knowledge in estate planning and probate matters, we offer expert guidance from start to finish.

📞 Call us today at 941-906-7585 to schedule a consultation. Let us help you navigate the process smoothly and confidently.