Detailed Answer
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Arkansas attorney for advice specific to your situation.
When a person dies owning real estate in Arkansas without a will, their property passes to their heirs under intestacy rules. An heirship affidavit is a sworn statement by someone with direct knowledge of the decedent’s family tree. It establishes who the heirs are and allows the circuit clerk to record a transfer of title without full probate.
- Review Arkansas intestate succession law. Arkansas Code Ann. § 28-48-201 sets out how real property descends to heirs. See Ark. Code Ann. § 28-48-201.
- Confirm your county’s procedures. Contact the circuit clerk’s office where the property lies. Ask for any specific heirship affidavit form, required attachments, and recording fees.
- Gather decedent and heir information.
- Decedent details: full name, date and place of death, last address.
- Heir list: full names, relationships (e.g., spouse, child), dates of birth, current addresses.
- Property description: legal description as shown on the last recorded deed.
- Draft the affidavit. Use the clerk’s template or include:
- Title: “Affidavit Establishing Heirship.”
- Affiant statement: your name, address, and relation or direct knowledge of the family.
- Decedent’s identification and death details.
- Complete list of heirs entitled under Arkansas law.
- Property description.
- Oath clause swearing to the truth of the statements.
- Notarize the affidavit. Sign the document before a notary public. Bring a valid photo ID.
- File and record. Submit the original affidavit and any required copies to the circuit clerk. Pay the recording fee. The clerk will index and record the affidavit in real property records, clearing title to the heirs.
Helpful Hints
- Obtain a certified copy of the decedent’s death certificate before drafting.
- Notify all potential heirs in writing to avoid disputes.
- Verify the property’s legal description with a recent title search.
- Check for outstanding mortgages or liens that may require separate releases.
- Consult a title company or attorney for complex family situations.