Heirship Affidavit: Meaning, Uses, and Sample Form
A Heirship Affidavit, also known as an Affidavit of Heirship, is a sworn written statement used to declare and confirm the legal heirs of a deceased person. It is usually executed by an heir or a knowledgeable person and is often required when transferring properties, claiming benefits, or updating records of the deceased, especially when there is no existing will or court order yet.
This document is typically signed before a notary public and may be presented to government offices, banks, insurance companies, or other institutions as part of the documentary requirements for processing claims or transferring ownership. Because it is a legal document, it must be prepared with accuracy, honesty, and in accordance with applicable laws and regulations.
What Is a Heirship Affidavit?
A Heirship Affidavit is a formal declaration stating:
- The identity and personal details of the deceased (the decedent).
- The date and place of death of the decedent.
- The relationship of the affiant(s) to the decedent.
- The names and details of all legal heirs.
- Basic information about the properties or interests left by the decedent, if applicable.
It serves as a written confirmation of who the lawful heirs are, especially in situations where no formal court declaration of heirs has been issued yet. However, depending on the jurisdiction and value of the estate, additional legal steps may still be required, such as estate settlement proceedings, publication, or court approval.
When Is a Heirship Affidavit Used?
A Heirship Affidavit may be requested or used in various situations involving the estate of a deceased person. Some common examples include:
- Transferring real property, vehicles, or other registered assets to the heirs.
- Claiming bank deposits, investments, or insurance proceeds.
- Updating beneficiary records or ownership with government agencies or private institutions.
- Supporting estate settlement or extra-judicial settlement documents.
- Clarifying who the surviving heirs are when records are incomplete or unclear.
Institutions may have their own specific formats and additional requirements. Some may require supporting documents such as death certificates, marriage certificates, birth certificates of heirs, valid IDs, and other proof of relationship.
Essential Contents of a Heirship Affidavit
While formats may vary, a professional and clear Heirship Affidavit should generally include:
- Title of the document (e.g., “Heirship Affidavit” or “Affidavit of Heirship”).
- Caption or heading stating the country and locality.
- Affiant’s personal details – name, age, civil status, citizenship, and address.
- Details of the deceased – full name, date of birth (if known), date and place of death, last residence.
- List of heirs – full names, relationship to the deceased, age or legal status, and addresses.
- Statement of facts that the affiant personally knows and attests to be true.
- Reference to supporting documents (e.g., death certificate, marriage/birth certificates), if any.
- Declaration under oath that the statements are true and correct.
- Signature of affiant(s) and signature/seal of the notary public.
Important Reminders
This sample Heirship Affidavit is for general information and template purposes only. Laws and requirements may vary depending on the country, locality, and the specific office or institution where the document will be submitted. For complex estates, properties of high value, or situations where there are disputes among heirs, it is strongly recommended to consult a licensed lawyer for proper legal advice.
Always check the latest documentary requirements of the agency, bank, insurance company, or government office where you will submit the affidavit. They may require you to use their own form or attach additional documents.
Sample Heirship Affidavit Form (Template)
Below is a simple, editable sample of a Heirship Affidavit. You may copy, modify, and print this template. Replace all bracketed sections with the correct information, and have the document notarized.
REPUBLIC OF THE PHILIPPINES
[CITY/MUNICIPALITY]
[PROVINCE]
HEIRSHIP AFFIDAVIT
I, [FULL NAME OF AFFIANT], of legal age, [single/married/widowed], [citizenship], and a resident of [complete address], after having been duly sworn in accordance with law, hereby depose and state:
1. That I am the [state relationship, e.g., son/daughter/spouse/brother/sister] of the late [FULL NAME OF DECEASED] (hereinafter referred to as the “Decedent”), who died on [date of death] in [place of death].
2. That at the time of his/her death, the Decedent was a resident of [last known complete address].
3. That the Decedent left the following heirs, and there are no other known heirs to the best of my knowledge and belief:
a. [Full Name of Heir 1], [relationship], of legal age, residing at [address];
b. [Full Name of Heir 2], [relationship], of legal age, residing at [address];
c. [Full Name of Heir 3], [relationship], of legal age, residing at [address];
[Add more as necessary.]
4. That, to the best of my knowledge, the Decedent [left/did not leave] a last will and testament. [If applicable, state: “The Decedent did not leave any last will and testament.”]
5. That the Decedent left certain properties, including but not limited to the following:
a. [Brief description of real property], located at [address/location];
b. [Brief description of personal property or bank account];
[Add or modify as needed.]
6. That this Affidavit is being executed to declare the foregoing persons as the lawful heirs of the Decedent, for the purpose of [state purpose, e.g., transferring title, claiming deposits, processing benefits, settlement of estate, etc.], and for whatever legal purpose it may serve.
7. That I am executing this Affidavit freely and voluntarily, and I am fully aware of the legal consequences of any false statements made herein.
IN WITNESS WHEREOF, I have hereunto set my hand this [day] day of [month, year] at [place of execution].
_________________________________
[FULL NAME OF AFFIANT]
Affiant
SUBSCRIBED AND SWORN to before me this [day] day of [month, year] at [place], affiant exhibiting to me his/her valid government-issued ID:
ID Type and No.: [ID type and number]
Date and Place of Issuance: [details]
_________________________________
NOTARY PUBLIC
Doc. No. _____;
Page No. _____;
Book No. _____;
Series of _____.
Disclaimer: This Heirship Affidavit template is for general guidance only and does not constitute legal advice. Laws and requirements may differ depending on your country or locality. For specific cases and proper legal assistance, always consult a licensed attorney or legal professional.