“I am aware of the penalties of perjury under Federal Law, which includes the execution of a false affidavit, pursuant to 18 U.S.C.S., Section 1621 wherein it is provided that anyone found guilty shall not be fined more than $2,000 or imprisoned not more than 5 years or both. ![]() Good to know: In order to be accepted by a title company as a valid Affidavit of Heirship, the document needs to be signed under oath and contain a perjury clause, such as: This last fact is critical because the government may claim a Medicaid lien on the property. If the deceased received Medicaid benefits prior to death.Whether debts and taxes are paid or not.If a court has ordered administration of the estate. ![]() Whether the deceased had a Will or not.If this timeframe has lapsed, an Affidavit of Heirship may be a useful alternative as it can be filed at any time. Good to know: A Will may only be probated within 4 years of the death of a property owner in most cases. In most cases, once we have the information needed, your document can be emailed to you the same day. ![]() Meanwhile, we prepare an Affidavit of Heirship for $300. Also, probate could cost well over $3000 and take many months. Note: Using this affidavit may be a less expensive and quicker option for title transfer of real property compared to a probate proceeding. An Affidavit of Heirship for a house is generally used when real estate is titled in the name of a property owner who died without a Will, or other estate plan for their real estate property such as a Survivorship Agreement, a Life Estate Deed or a Transfer on Death Deed.Įven if the deceased had a Will, an Heirship Affidavit may be used rather than probating the Will if the Will leaves the property solely to the direct descendants of the deceased.
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