In Florida, when an individual dies without a will, the person is said to have died “intestate”. Under these circumstances, Florida’s intestacy laws govern who will inherit the deceased person’s property and other assets. Generally, under Florida’s intestacy laws, assets which are not distributed through a will are inherited to the decedent’s heirs. So how does the court determine the decedent’s heirs?
Most counties across Florida use a legal document referred to as an Affidavit of Heirs or Affidavit of Heirship to determine the decedent’s heirs.
Understanding Heirship—
The term heirship refers to a legal right to obtain property and other assets from a person who has died without a will to detail how that person wishes to distribute his or her assets. In these situations, Florida’s intestacy laws will govern who will be appointed Personal representative and be charged with administering the estate, and who is entitled to inherit from the estate assets. Heirs usually refer to children and other close or distant relatives of the decedent.What is included in an Affidavit of Heirs—
Typically, when someone dies without a will and leaves behind property, an heir will need to open a case with the Probate court to distribute the property the decedent has left behind. An Affidavit of Heirship is a sworn statement, which lists all the decedent’s known family members at the time of the decedent’s death, and how they are related to the decedent. An Affidavit of Heirship must include the following information:- The decedent’s name and last known address;
- the date and place of death;
- the decedent’s marital history;
- the decedent’s family members such as children, siblings, parents, aunts/uncles, and niece/ nephews.
