What is an Affidavit of Heirship When Selling An Inherited House in California

Navigating the intricacies of selling an inherited house may seem complex and intimidating at first, but understanding key legal documents, like an affidavit of heirship, can make this journey considerably smoother. An affidavit of heirship is a sworn statement identifying who are the rightful heirs of a deceased property owner’s estate. For those inheriting one themselves, this document serves as a beacon of clarity amidst legal murk, providing clear paths of ownership while making selling their California-inherited house easier!

selling inherited house with affidavit of heirship

Explanation of an Affidavit of Heirship

An Affidavit of Heirship is a legal document used to establish the rightful heirs of deceased property owners’ assets after death. Notarization by an official body gives this document much-needed legal weight. Affidavits provide evidence of familial relations between the deceased and claimants (or applicants for clarity) and provide details regarding property ownership, debts owed by the deceased, and any other pertinent information about their life and death. This sworn statement provides for a precise determinant of ownership, effectively establishing who inherits the property under California law. By doing so, any potential confusion regarding rightful ownership can be eliminated, leading to an easier and quicker sale process.

When and Why an Affidavit of Heirship is Required

An affidavit of Heirship is needed when the deceased does not leave behind an estate plan or will, an affidavit of Heirship becomes especially essential in such cases. Determining legal heirs may become a difficult issue with a lot of red tape, causing delays and disputes. An affidavit of heirship provides a powerful solution for these potential challenges, legally identifying all rightful heirs as well as outlining property and liabilities owned by the deceased. Not only is an Affidavit of Heirship essential in establishing ownership, but it is also widely acknowledged by various institutions – courts, tax authorities, and real estate agencies – making it extremely useful when selling an inherited house. By clarifying ownership and streamlining transfer processes, an Affidavit of Heirship can significantly simplify this process; eliminating potential stressors and legal complications while simplifying the selling process significantly.

For instance, imagine John inheriting a property in California from his deceased aunt without her will in place to say who should claim ownership specifically. Without a will, there is significant ambiguity regarding rightful ownership. An effective solution for John could be to create an affidavit of heirship, signed by two neutral witnesses familiar with her history and signed off by them as witnesses to John. These witnesses could recount that John’s aunt was unmarried, had no children, and considered John her only heir. An affidavit of heirship could then pen down these facts in detail to establish John as its rightful owner and facilitate his intention to sell inherited property. This example illustrates how an affidavit of heirship can play an instrumental role in streamlining the process of selling an inherited house when there is no will or estate plan available to help facilitate this decision-making.

what is an affidavit of heirship explained

Process of Obtaining and Filing the Affidavit

Filing an affidavit of heirship requires several steps and requirements that must be strictly observed to ensure its proper execution. 

  • First and foremost, an heir or multiple heirs must complete and sign an affidavit of heirship form by providing information about the deceased, property ownership details, and all heirs involved. It is very important that this document be notarized so as to legally establish its credibility and reliability.
  • Once completed and notarized, an affidavit must be filed with the county recorder’s office where the property resides. California state law specifies that this filing must take place no later than 40 days after the death of the deceased person.
  • California law also mandates that an affidavit accompany an inventory and appraisal of the deceased’s real property, prepared by a probate referee appointed by the California State Controller.

Following this affidavit of heirship process helps ensure a clear and uncontested transfer of property ownership, opening up opportunities for an uncomplicated property sale process.

How an Affidavit of Heirship Can Impact on the Sale of Inherited Property

An affidavit of heirship plays a vitally important role in selling an inherited property, as this document makes the process less of an uphill battle and easier to manage. An affidavit provides the legal basis for rightful heirs to act, sell, or distribute the property as they see fit. By eliminating potential ownership disputes over its status and providing clarity about ownership issues, potential buyers have more assurance regarding legal ownership issues for any potential purchases of the property in question. On the flip side of the coin, without an appropriately administered affidavit of heirship, selling an inherited property can present many obstacles. Potential buyers might become uncertain of its rightful ownership due to this uncertainty. Furthermore, without an accurately filed affidavit of heirship, disputes among heirs could lead to legal battles that will significantly delay the sale process. Thus, an affidavit of heirship must be obtained and filed properly to ensure an efficient sale process.

Professional Assistance with an Affidavit of Heirship in California

Navigating the legal complexities associated with inheriting property and filing an affidavit of heirship can be complex and time-consuming; for this reason, it is highly advised that legal or real estate professionals provide their expertise to guide this process efficiently and correctly. Premier Property Buyers offers invaluable assistance when faced with such circumstances, offering deep knowledge of the California real estate market as well as extensive expertise in handling affidavits of heirship. Let our expertise assist in simplifying the complex process of selling an inherited house for maximum sale potential. Premier Property Buyers is dedicated to making selling an inherited property as easy and satisfying an experience as possible, meeting all legal requirements flawlessly and expediently. Partnering with them means having access to an experienced team that can turn any difficulties associated with selling into a rewarding journey.

selling inherited property using an aoh


An Affidavit of Heirship (AoH) is an essential document when selling an inherited house in California. It establishes legal ownership and can significantly accelerate the selling process. However, dealing with the legal procedures associated with an inheritance property can be complex and emotionally draining, especially during times of grief. Get professional guidance so that this process goes as smoothly as possible. At Premier Property Buyers, our experts specialize in successfully handling complex transactions smoothly. Reach out to us for any assistance or advice that might help make selling an inherited house in California less stressful and more satisfying process. Contact us now and find out how we can support your journey!