Affidavit of Heirship Questionnaire — Attorney's Title of Cherokee & Anderson County

When someone passes away without a will (or without probating one), an Affidavit of Heirship establishes who the legal heirs are. This questionnaire gathers the family facts; we'll prepare the formal affidavit for signing before a notary. Please answer as fully as you can — approximate dates are okay if you're unsure.

The Property

The property this affidavit relates to. This identifies your file.

Property address * Legal description, if you have it (from a deed or tax statement — optional)

The Decedent

The person who passed away.

Full legal name * Any other names they were known by (maiden name, nickname, AKA)

🔒 Files you upload are stored securely and are never sent by email.

Upload the decedent's Death Certificate *

Required — we can't prepare the affidavit without it. A clear photo or scan is fine (JPG, PNG, or PDF).

Affiant (You)

The person completing this questionnaire.

Your full name * Your address

Phone

How many years have you known the decedent?

Decedent's Marriage Information

List every marriage, from first to last. Use the button to add as many as needed.

⚠ A separate Affidavit of Heirship is required for any deceased heir — including a deceased spouse who was an heir.

Marriage #1

Spouse's name

Date of marriage

City & State of marriage

Status of marriage

Decedent's Children

List every child the decedent ever had — natural, adopted, or step, and any who have passed away. Add as many as needed.

Child #1

Full name

Birthdate

Address

Birth parents

This child is:

Living Passed away

Type:

Natural Adopted Step

⚠ A separate Affidavit of Heirship is required for any deceased heir. Please list this child's own children below.

If passed away — date of death Did this child have children of their own? List their names

If the decedent had no children, write "None" in the first child's name.

Two Subscribing Witnesses

The affidavit must be signed by two disinterested witnesses.

What is a "disinterested party"?
Someone who knew the decedent and their family well but does not inherit anything, is not named in the will, and has no financial interest in the property or estate. A witness cannot be an heir, a spouse, or anyone who stands to gain — often a longtime neighbor, family friend, or coworker.

Witness #1

Full name Address

Phone

Years they knew the decedent

How did they know the decedent and family? This witness is a disinterested party — not an heir, not named in the will, and has no interest in the estate.

Witness #2

Full name Address

Phone

Years they knew the decedent

How did they know the decedent and family? This witness is a disinterested party — not an heir, not named in the will, and has no interest in the estate.

Will & Estate

Did the decedent have a written will? No. Yes.

Do you have a copy? Where is it?

Was there a probate or administration of the decedent's estate? No. Yes. Not sure.

County & cause number, if known

Decedent's unpaid debts

To the best of my knowledge, there are no unpaid estate or inheritance taxes owed by the decedent's estate.

Anything Else

Optional — anything unusual, or who you believe the heirs are. We'll determine the legal heirs from your answers.

Confirmation

The information I've provided is true and correct to the best of my knowledge.

Type your full name to confirm *

Date

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