What is an Affidavit of Heirs? 

In Florida intestate probates (intestate means when someone dies without a will), the court must determine the decedent’s heirs according to Florida Statutes (F.S.) 732.101-732.111. Any interested party can petition the court to identify the beneficiaries or their shares, as outlined in F.S. 733.105. Florida Probate Rules (Fla. Prob. R. 5.385) provide the necessary requirements for such a petition. While a proceeding to determine beneficiaries can be initiated at any time, individuals petitioning to be appointed as personal representative should consider, or may be mandated by local court rules, to file an affidavit of heirs with the petition for administration. This affidavit allows the court to determine the priority of individuals for serving as the personal representative of an intestate estate, as per F.S. 733.301. The affidavit should include details about the potential heirs, such as their names, ages or dates of birth, addresses, and information about spouses or relatives who predeceased the decedent. Notably, some judges may not issue an order appointing a personal representative or letters of administration without the affidavit of heirs filed with the court. The affidavit must be sworn to by the affiant under penalties of perjury and signed before a notary public. Most circuit courts provide standard form affidavits of heirs for download, which can be completed by the petitioner. 

Do You Need Help with Probate?

Losing a loved one is a tough experience that most of us go through at some point in our lives. It’s important to have someone experienced and knowledgeable by your side to help you navigate the probate process. If you have questions about probating a loved one’s estate, don’t hesitate to reach out to Ormond Beach probate attorney Andrew J. Pascale at 877-667-1211.