How to Prepare an Affidavit of Heirs in Florida: Step by Step Guide

Are you in Florida trying to figure out how to prepare an affidavit of heirs? No need to worry. We’re here to make the process as easy and stress-free as possible. We’ll walk you through it step by step, so you can be sure that everything is taken care of correctly. Let’s get started!

What Is an Affidavit of Heirs?

An affidavit of heirs is a legal document that shows who the rightful heirs are in the event of someone’s death. This means that if you have passed away and there are no will or trust documents indicating who should inherit your estate, an affidavit of heirs helps to determine who those people should be according to Florida law. 

It’s important to note that this document is not a substitute for a will or trust—it simply confirms who the legal heirs are in case of your death.

Why You Need an Affidavit of Heirs

There are many reasons why you might need an affidavit of heirs in Florida. One common scenario is if a deceased person did not leave behind a will or trust, and their estate needs to be divided among the legal heirs. 

Another common situation where an affidavit of heirs might be used is if someone dies without any living relatives, and the state needs to figure out who should get the deceased’s assets. Whatever your situation may be, affidavits of heirs help clear up any confusion or disputes that might arise after someone passes away.

How to Prepare an Affidavit of Heirs in Florida

Now that you know what an affidavit of heirs is and why you might need one, here’s how to prepare one in Florida.

Step 1: Gather the Necessary Documents

Before you start filling out the affidavit, make sure you have all the necessary information and documents on hand. You’ll need to provide details such as the deceased’s full name and date of death, the names and ages of all living heirs, and evidence that you are all related. 

Additionally, if any heirs are minors (under 18 years old), you will need written permission from their legal guardian in order for them to be included on the affidavit.

Gathering the required paperwork for your affidavit of heirs is critical, so make sure you have everything from a copy of the death certificate to existing will or trust documents and other related estate information. Doing this first will ensure a smoother process.

Step 2: Filling Out the Affidavit

Once you have all the necessary documents and information, you can begin filling out the affidavit. It’s important to read through it carefully to make sure that all of your statements are accurate. Check for typos, misspellings, and any other errors before submitting it.

The affidavit will request that you enter in the spouse’s name and the names of all other living heirs. If you are unsure of how to list them, consult a lawyer or an estate planning specialist for assistance.

Once complete, make sure to sign your affidavit in front of a notary public. This is essential for it to be accepted by Florida courts.

Step 3: Submitting the Affidavit

When all the necessary information has been filled in, the affidavit of heirs needs to be signed and notarized. This can be done at any local bank or post office where there is a notary public on staff. Once it’s been signed, you can submit it to the court for approval.

If you need assistance with preparing an affidavit of heirs, contact an experienced estate planning lawyer in your area. They can provide you with the guidance and advice you need to make sure everything is done correctly.

Many can provide notary services, as well, so you don’t have to worry about finding a notary yourself. With their help, the process of preparing an affidavit of heirs can be quick and hassle-free.

Step 4: Final Steps

Once your affidavit of heirs has been submitted, the court will review it and make a determination as to who is entitled to inherit the deceased’s estate. If there are any disputes among the heirs, they must be resolved before any distribution can occur. Once those have been settled, the affidavit will serve as legal proof of the heir’s rights and entitlements.

Frequently Asked Questions

What is an affidavit of heirs? 

An affidavit of heirs is a legal document used to establish who are the rightful heirs or beneficiaries of a deceased person’s estate. It typically identifies each heir by name and relationship and lists any assets that may be inherited. 

What information is required for an affidavit of heirs in Florida? 

The affidavit must include the name, address, and age of the decedent, plus a listing of all their assets. You will also need to provide information about their closest relatives, including spouses and children. Finally, the document should list the names and addresses of all the heirs. It also needs to have any individuals or organizations that may have a claim to the estate. 

Is there a specific format I should use for an affidavit of heirs in Florida? 

Yes! All affidavits must be written in accordance with Florida law, which requires them to be formatted in a specific way. Make sure to include all the required information and follow the guidelines listed in the state’s statutes. 

Should I hire an attorney to help me prepare an affidavit of heirs in Florida? 

While it is not required, hiring an attorney can be very helpful when preparing an affidavit of heirs. An experienced attorney will ensure that the document is properly formatted and filed correctly with the court. They can also provide you with valuable advice on how to navigate the legal process and protect your rights. 



Call The Law Offices of Mary King for Expert Affidavit Preparation

If you need help preparing an affidavit of heirs in Florida, our experienced lawyers at The Law Offices of Mary King can provide the guidance and assistance you need. With years of experience navigating the complexities of estate planning laws, we’re here to advise and assist with all your legal matters. Contact us today at 941-906-7585 to schedule a consultation and get started. 

The information in this blog post is for reference only and not legal advice. As such, you should not decide whether to contact a lawyer based on the information in this blog post. Moreover, there is no lawyer-client relationship resulting from this blog post, nor should any such relationship be implied. If you need legal counsel, please consult a lawyer licensed to practice in your jurisdiction.