Affidavit of Heirship: State-by-State Rules (2026)
Which states let heirs prove ownership of inherited real estate by affidavit, and the procedure in each.
| State | The rule |
|---|---|
| Alabama | No statute. The Code of Alabama does not provide a statutory affidavit of heirship for real estate. At death, real property passes directly to the will beneficiaries or, with no will, to the heirs, subject to the personal representative's powers; heirship is usually shown through a probate court proceeding (administration or summary distribution). Ala. Code § 43-2-830 |
| Alaska | No statute. Alaska has no statutory affidavit of heirship for real estate. Heirs are determined in a probate proceeding in the superior court. The small estate affidavit cannot be used for real estate, except property held as tenants by the entirety or passing by a transfer-on-death deed. AS 13.16.680 |
| Arizona | Arizona has no general affidavit of heirship, but it has a statutory Affidavit of Succession to Real Property for small real estate holdings. Six months after death, if no personal representative has been appointed and the Arizona real estate, less liens, is worth no more than $300,000 (by assessed full cash value), the successors can file the affidavit with the superior court; a certified copy is then recorded with the county recorder where the property is located. Larger estates require probate. A.R.S. § 14-3971 |
| Arkansas | Arkansas has no separate statutory affidavit of heirship for real estate, but its small estate affidavit can include real property. If the estate (less secured debts, excluding the homestead and statutory allowances) is $100,000 or less, distributees can file an Affidavit for Collection of Small Estate with the probate clerk 45 days after death; if real estate is included, the distributee must publish notice of the death and filing within 30 days, and creditors have three months from first publication to present claims. Larger estates require a probate proceeding. Ark. Code Ann. § 28-41-101 |
| California | California has no general affidavit of heirship, but it has statutory short procedures for real estate. No sooner than six months after death, a successor may file an Affidavit re Real Property of Small Value (DE-305) with the superior court if all of the decedent's California real property is worth no more than $69,625 (deaths on or after April 1, 2025); a certified copy is then recorded. For larger amounts, heirs may petition the court to determine succession to real property (including up to $750,000 for the primary residence for deaths on or after April 1, 2025), or a surviving spouse or domestic partner may file a Spousal or Domestic Partner Property Petition (DE-221). Cal. Prob. Code §§ 13200, 13151; Judicial Council forms DE-305, DE-300 |
| Colorado | No statute. Colorado has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used to transfer real property. Real estate titled in the decedent's name alone (without a beneficiary deed or survivorship) generally passes through a probate proceeding, in which a personal representative's deed or a court determination of heirs is recorded. C.R.S. § 15-12-1201 |
| Connecticut | Connecticut does not use an affidavit of heirship. Instead, when real estate passes by will or descends to heirs, the fiduciary must obtain a certificate of devise, descent or distribution signed by the probate judge or clerk and record it in the land records of each town where the property is located, within one month after distribution (or, for descent to heirs, within one month after the court accepts the final account). The certificate names each person receiving the property and describes their share. For small estates with no solely owned Connecticut real estate, the Affidavit in Lieu of Probate (PC-212) is available. Conn. Gen. Stat. §§ 45a-450, 45a-273 |
| Delaware | No statute. Delaware has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned Delaware real estate solely or as a tenant in common. Real estate in the decedent's sole name passes through an estate opened with the Register of Wills, unless it passes by a transfer on death deed or survivorship. 12 Del. C. § 2306 |
| District of Columbia | No statute. D.C. has no statutory affidavit of heirship for real estate. Heirs are determined in a Probate Division proceeding (standard administration or, for estates of $80,000 or less, small estate administration), unless the property passes by a transfer on death deed, survivorship, or a trust. D.C. Code §§ 20-351, 20-303 |
| Florida | Florida has no statutory affidavit of heirship for transferring real estate. Heirs are established by a court proceeding: any interested person may petition the probate court to determine beneficiaries or their shares, a separate civil action to determine beneficiaries may be brought when an estate has not been administered, and summary administration orders can distribute real property in qualifying estates. Fla. Stat. §§ 733.105, 735.201 |
| Georgia | Georgia does not use a statutory affidavit of heirship for real estate. Instead, the identity or interest of an heir can be resolved by petition to the probate court (or superior court) to determine heirs. When there is no will and the heirs agree on dividing the property and there are no unpaid debts (or creditors consent), an heir can petition for an Order Declaring No Administration Necessary (GPCSF 9); the order is recorded in the deed records of each county where the decedent owned land. O.C.G.A. §§ 53-2-20, 53-2-40 |
| Hawaii | No statute. Hawaii has no statutory affidavit of heirship for real estate, and the small estate affidavit covers personal property only. Real estate in the decedent's sole name passes through probate (informal or formal), the clerk-administered procedure for Hawaii estates of $100,000 or less, or a transfer on death deed. Haw. Rev. Stat. §§ 560:3-1201, 560:3-1205 |
| Idaho | No statute. Idaho has no statutory affidavit of heirship for real estate, and the small estate affidavit covers personal property only. Real estate generally passes through probate (or surviving spouse summary administration when the spouse is the sole heir or beneficiary), unless it passes by joint tenancy, community property with right of survivorship, or a trust. Idaho Code §§ 15-3-1201, 15-3-1205 |
| Illinois | Yes, as part of a court case. The probate court may ascertain and declare a decedent's heirship and enter it of record, during administration or, if there is no administration, on notice as the court directs. Heirship may be proved by a sworn affidavit of any person stating the facts from which heirship can be determined (signed before a notary or other authorized official), or by written testimony certified by the court. The court's order declaring heirship is then used for title to real estate. 755 ILCS 5/5-3 |
| Indiana | Yes, for small estates. If the gross probate estate, less liens, does not exceed $100,000 (deaths after June 30, 2022) plus administration costs and reasonable funeral expenses, and the estate includes real property, an affidavit may be recorded with the county recorder where the land is located. The affidavit contains the legal description of the property, the statutory statement about the estate's value, and the names of the persons entitled to the property and their shares. Larger estates transfer real estate through a personal representative's deed in probate. IC 29-1-8-3 |
| Iowa | No statute. Iowa has no statutory affidavit of heirship for real estate, and the small estate affidavit cannot be used if the decedent owned real property (for deaths on or after January 1, 2025). Real estate in the decedent's name generally passes through probate (regular or small estate administration), unless held in joint tenancy with right of survivorship or in a trust. Iowa Code § 633.356 |
| Kansas | Kansas uses a court "determination of descent" rather than an affidavit of heirship. When a person has been dead more than six months and no will was filed within six months, no petition to probate a will was filed, and no administration determined descent, any interested person may petition the district court of the county of residence or where property is located to determine descent under intestacy law or a valid settlement agreement. The resulting decree is commonly used to transfer title to real estate. K.S.A. 59-2250 |
| Kentucky | Yes. Before a deed of real estate inherited without a will can be recorded, an affidavit of descent must be filed with the county clerk where the land is located. It may be made by the grantor, any heir, or two Kentucky residents with personal knowledge, and must state the decedent's name, date of death, marital status and spouse, last residence, that the decedent died without a will, and each heir's name, age, address, relationship and share. The clerk records it in the deed books, indexed from the decedent to the heirs. Separately, any person claiming an interest may ask the District Court to determine heirs by motion, with at least 20 days' notice. KRS 382.120, 391.035 |
| Louisiana | Yes, for small successions. When the estate qualifies as a small succession, at least two people (including the surviving spouse, if any, and one or more heirs) sign a sworn affidavit naming the heirs, describing the property (real estate described well enough to transfer), its value and each heir's share. For real estate, the affidavit is recorded in the conveyance records of the parish where the property is located. Larger estates require a court judgment of possession. La. Code Civ. Proc. arts. 3421, 3432, 3434 |
| Maine | Maine has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court to determine the heirs after notice and hearing, and a petition may request an order determining intestacy and heirs without appointing an administrator. 18-C M.R.S. §§ 3-401, 3-402 |
| Massachusetts | Massachusetts has no affidavit-of-heirship statute for real estate. Heirs are determined by the Probate and Family Court: a petition for formal probate of a will, or for adjudication of intestacy, asks the court for an order determining the heirs, and a petition for complete settlement of the estate may also ask the court to determine heirs. M.G.L. c. 190B, §§ 3-402, 3-1001 |
| Michigan | Yes. A person with knowledge of the facts who would be competent to testify may record an affidavit with the register of deeds of the county where the real property is located stating facts that affect title, including death, marital status, relationship, family history and heirship of people named in deeds, wills and other instruments. MCL 565.451a |
| Minnesota | Minnesota has a 'determination of descent' proceeding rather than an heirship affidavit. If a person has been dead for more than three years, left real or personal property, and no will has been probated and no probate proceedings have been held in Minnesota, any interested person (or their successor) may petition the district court of the decedent's county of residence, or where the property is located, to determine the descent of the property and assign it to those entitled. Minn. Stat. § 525.31 |
| Mississippi | Mississippi uses a court determination of heirship. Heirs file an action in chancery court; heirs who are not plaintiffs are summoned, and notice is published to 'the heirs at law of' the decedent. On satisfactory proof of the death and that the parties are the sole heirs, the court enters a judgment recognizing them as heirs and placing them in possession of the estate. The judgment is evidence in all Mississippi courts of who the heirs are. Miss. Code Ann. § 91-1-29 |
| Missouri | Missouri uses a court 'determination of heirship.' If no administration has been started within one year after death and no will was presented for probate in time, anyone claiming property as an heir (or through an heir) may petition the probate division to determine the heirs and their shares. Notice is published once a week for four consecutive weeks and mailed to known claimants. The court's decree is conclusive as to the parties, and a certified copy must be recorded in each county where described real estate is located. RSMo § 473.663 |
| Montana | Montana has no general affidavit-of-heirship statute for real estate. Heirs are determined by the district court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing. Mont. Code Ann. § 72-3-301 |
| Nebraska | Yes, for smaller estates. Thirty days after death, a person claiming as successor to the decedent's Nebraska real property may record an affidavit with the register of deeds where the property is located, signed by all claiming successors, if the decedent's interest in all Nebraska real property is worth no more than $100,000 (based on the assessment rolls for the year of death, less taxes due) and no personal representative has been applied for or appointed. The affidavit must attach a certified death certificate (and the will, if claiming under one), describe the property, and state the successor's relationship and entitlement; it is prima facie evidence of the facts stated. Neb. Rev. Stat. § 30-24,129 |
| New Mexico | New Mexico has no general affidavit-of-heirship statute for real estate. Heirs are determined in District Court: a petition for formal probate of a will, or for adjudication of intestacy, asks for an order determining the heirs after notice and hearing. A surviving spouse may also transfer the residence by affidavit filed with the county clerk in limited cases (see small estate rules). NMSA 1978, § 45-3-402 |
| North Dakota | No statute provides a stand-alone affidavit of heirship for real estate. Heirs are determined in a court proceeding: a petition for adjudication of intestacy can ask the district court for a judicial finding that the decedent left no will and an order determining the heirs, with or without appointing an administrator. Real estate is then usually transferred by a personal representative's deed of distribution. The small estate affidavit covers personal property only. N.D. Cent. Code §§ 30.1-15-02, 30.1-23-01 |
| Ohio | Ohio has two statutory tools. (1) Determination of heirship: whenever property passes by intestate succession, or under a will to a beneficiary not named in the will, a complaint may be filed in the probate court to determine who is entitled to the property (R.C. Chapter 2123), and it proceeds like a civil action. (2) Affidavit of facts relating to title: an affidavit by a person with knowledge of the facts about death, relationship, family history or heirship may be recorded with the county recorder, and it is evidence of those facts as they affect title to real estate. Real estate passing through a probate estate is normally transferred by a certificate of transfer issued by the probate court. Ohio Rev. Code 2123.01; 2123.03; 5301.252; 2113.61 |
| Oklahoma | Oklahoma has several statutory procedures. (1) An affidavit relating to death, relationship, family history or heirship may be recorded with the county clerk where the real estate is located; facts stated in a recorded affidavit are presumed true (rebuttably) as they relate to the real estate (16 O.S. §§ 82, 83). (2) For a severed mineral interest, an affidavit of death and heirship may be recorded under 16 O.S. § 67. (3) For real estate held in joint tenancy or a life estate, a survivor can end the deceased owner's interest by filing an affidavit with a certified death certificate with the county clerk (58 O.S. § 912), or obtain a court decree determining the death (58 O.S. § 911). (4) In a probate case, the court may determine the heirs, devisees and legatees at the initial hearing or on later petition (58 O.S. § 240). 16 O.S. §§ 67, 82, 83; 58 O.S. §§ 240, 911, 912 |
| Oregon | No statute provides a stand-alone affidavit of heirship for real estate. Determination of heirship is part of the probate court's jurisdiction, and a petition to determine heirship can be filed in the estate proceeding. For smaller estates, Oregon's simple estate affidavit can include real property (up to $200,000 of real property and manufactured homes, and $75,000 of personal property) and is filed with the probate court clerk. ORS 111.085; 114.515 |
| Pennsylvania | Pennsylvania has no general affidavit of heirship statute, but it has a court procedure to determine title to a decedent's real estate. If a person dies owning Pennsylvania real estate and either no letters were granted and one year has passed since death, or a personal representative was appointed but has not filed an account within six years of death, an heir or devisee (or a person claiming through one, and certain community development nonprofits, municipalities or redevelopment authorities) may petition the orphans' court division to establish title, terminate the interests of other heirs or devisees after proper notice, or cancel a fraudulent conveyance. 20 Pa.C.S. § 3546 |
| Rhode Island | No statute. Rhode Island's probate title does not provide an affidavit of heirship or a separate heirship-determination proceeding for real estate; real estate of a person who dies without a will descends to the heirs under the rules of descent, and title questions are usually resolved through the city or town probate court proceeding. R.I. Gen. Laws Title 33 (chapter index) |
| South Carolina | No statute provides an affidavit of heirship for real estate. Heirs are determined by the probate court: a formal proceeding may ask for an order that the decedent died intestate (which determines the heirs) or probate a will, after notice and hearing. The small estate affidavit cannot transfer real estate. S.C. Code §§ 62-3-401, 62-3-1201 |
| South Dakota | South Dakota has a statutory succession affidavit for real estate: sixty days after death, a person claiming to be a successor to the decedent's interest in South Dakota real property may file an affidavit describing the property and the decedent's interest, with a certified death certificate, with the register of deeds in each county where the property is located, if the decedent's interest in all South Dakota real property is worth no more than $50,000 and the other statutory conditions are met. For larger estates, heirs are determined in a formal testacy proceeding, which can result in an order that the decedent died intestate. SDCL 29A-3-1203; SDCL 29A-3-401 |
| Tennessee | No statute for real estate was confirmed. In Tennessee, heirs are identified in the verified petition for letters filed with the probate court, and a will may be probated as a 'muniment of title' to pass real estate without full administration. For vehicles only, the Department of Revenue uses an Affidavit of Inheritance signed by all heirs. Tenn. Code Ann. §§ 30-1-117, 32-2-111 |
| Texas | Texas has both procedures. (1) Proceeding to declare heirship: a court may declare heirship when a person dies intestate owning property in Texas with no administration, or when property was omitted from a probated will or administration, among other cases (Tex. Estates Code ch. 202). (2) Affidavit of facts concerning the identity of heirs: a sworn, acknowledged affidavit about family history, marital status and the identity of the heirs may be recorded in the county deed records; once it has been of record for five years or more, a court must receive it as prima facie evidence of the facts in a heirship proceeding or title suit. The statute provides a suggested form (§ 203.002). The affidavit does not affect the rights of an omitted heir or creditor. Tex. Estates Code §§ 202.002, 203.001, 203.002 |
| Utah | No statute provides an affidavit of heirship for real estate. Heirs are determined by the district court in a formal testacy proceeding, which may ask for an order that the decedent died intestate, or through informal probate and appointment of a personal representative, who then deeds real estate to the heirs. Utah Code § 75-3-401 |
| Vermont | No statute provides an affidavit of heirship for real estate. In Vermont, after payment of debts and approval of the final account, the Probate Division issues a decree of distribution identifying who receives the estate, including real estate. Small estates may be opened with a petition to open a small estate. 14 V.S.A. § 1721; 14 V.S.A. §§ 1901-1903 |
| Virginia | Yes. Virginia uses two recorded documents. (1) List of heirs: every personal representative (or will proponent if no one qualifies) must file a list of heirs under oath, on the Supreme Court form, with the clerk where the representative qualifies and the clerk of the circuit court where any of the decedent's real estate is located; if no one qualifies within 30 days after death, any heir of an intestate decedent may file it. The clerk records and indexes it, and it is prima facie evidence of the facts listed. (2) Real estate affidavit: any person with an interest in real estate of an intestate decedent may sign an affidavit on the Supreme Court form describing the real estate, to be recorded where the property is located. Va. Code §§ 64.2-509, 64.2-510 |
| Washington | No statute provides an affidavit of heirship for real estate. The determination of heirs (and of devisees, legatees and other persons interested in an estate) is a 'matter' that can be resolved by the superior court under the Trust and Estate Dispute Resolution Act, or within the probate proceeding. Washington's small estate affidavit covers personal property only. RCW 11.96A.030; RCW 11.62.010 |
| West Virginia | Yes, in part. Affidavits of heirs are recorded and indexed by the clerk of the county commission in intestate administrations. In addition, for real estate in West Virginia owned by a nonresident who died without a will, any person with an interest in the real estate may record, without appointing an ancillary administrator, an affidavit (the statute gives a form) describing the real estate with its assessed and fair market value, stating that the decedent died intestate, that more than 60 days have passed with no personal representative appointed in West Virginia, and listing the names and last known addresses of the heirs at law; no bond or oath is required. The clerk may require a certified death certificate. W. Va. Code § 44-1-4(b), (c) |
| Wisconsin | Wisconsin has no general affidavit of heirship, but it has a court procedure for property that passed outside probate: on petition of the decedent's spouse, a beneficiary of a marital property agreement, a TOD beneficiary, or certain other transferees, the court of the county of domicile issues a certificate under seal stating the death, the termination or transfer of the decedent's interest in the property, and the petitioner's interest. The certificate is prima facie evidence of those facts and can be recorded for real estate. Real estate passing by will or intestacy otherwise goes through probate, summary settlement or summary assignment. Wis. Stat. § 867.046 |
| Wyoming | Wyoming has court procedures to establish title without administration. (1) Determination of heirship after two years: when more than two years have passed since death and there has been no previous judicial determination of the heirs, any heir (or person claiming title through the decedent or an heir) may petition the district court; after at least 30 days' notice and a hearing, the court determines the date of death, the heirs, their kinship and the right of descent of the real property, by decree (W.S. 2-9-201 to 2-9-203). (2) Joint tenancy, tenancy by the entirety or life estate: any interested person may petition the district court where the property is located to establish that the decedent's interest ended at death (W.S. 2-9-101). (3) For estates of $400,000 or less, a decree of summary distribution can transfer real property (W.S. 2-1-205). After a TOD deed, ownership is shown by an affidavit recorded under W.S. 34-11-101. W.S. 2-9-101; 2-9-201; 2-9-202; 2-9-203; 2-1-205 |
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.