--- title: "Affidavit of Heirship: What It Is, How It's Notarized | MCC" description: "A sworn statement by someone who knows the family, naming the deceased and the heirs. Who should sign, what the notary does and when to call an attorney." url: "https://mcc-solutionsnj.com/notary/guides/affidavit-of-heirship-notary-guide" --- Guide · Updated October 12, 2026 # Affidavit of Heirship: Who Signs and What It Proves When a person dies without clear paperwork, someone may need to state under oath who the heirs are. This sworn statement is called an affidavit of heirship. It is used in some regions and for specific purposes. By [Matthew Coleman](/about), MCC Solutions **Quick answer.** An affidavit of heirship is a sworn statement, by someone with personal knowledge of the family, that names the deceased and lists the spouse, children and other relatives. The affiant swears to it before a notary, who completes a jurat but does not verify the family relationships. Need this notarized? Sign online from home with no travel fee, or ask for a notary to come to you. The price is shown and confirmed before any work starts, and you can book in about two minutes. [See your price and book](/notary/#order)[Call (908) 444-6373](tel:9084446373) **Related:** [Who can witness a signing](/notary/guides/who-can-and-cannot-be-a-witness-to-a-signing) · [How much a NJ notary can charge](/notary/guides/how-much-does-a-notary-cost-in-new-jersey) · [What ID you need for a notary](/notary/guides/what-id-do-you-need-for-a-notary) **Free tools:** [Printable notary journal template](/notary/notary-journal-template) · [Does my document need a notary?](/notary/does-my-document-need-a-notary) ✓ New Jersey commissioned notary, no. 50244803, insured for errors and omissions. [See the credentials](/about/credentials) ## What it states The affidavit names the deceased, the date and place of death, the marriage history, the children and other family members, and whether debts or estate proceedings exist. It often includes a property description if the affidavit relates to real estate. Handling an estate from far away? [Estate paperwork help near where the estate is](/notary/estate-paperwork-help-out-of-state), or [the estate signing package (notary, witnesses and the Surrogate run)](/notary/packages/estate-package). Whether this document is accepted depends on who needs it. Title companies and courts have their own rules. ## Who should sign The affiant should be a person with personal knowledge of the family, often an older relative or friend who knew the deceased for a long time. Some places also ask for a second affiant who is not an heir. The affiant swears the facts are true. The statement is under oath, so it should include only what the affiant truly knows. ## The notary's role The affiant shows ID, signs in front of the notary, and takes an oath. The notary completes a jurat. They check that names and dates are filled in, but they do not verify family relationships or estate law. If the affiant cannot swear to some statements, those should be removed or reworded by the drafter, not by the notary. ## Get it notarized online today Online notary: open now until 9 PM ET · sessions by appointment · times confirmed by email A New Jersey notary can notarize this with you on a video call, wherever you are in the U.S. $50 for the session, $10 for each extra signer. Any other fee shows in the booking form before you confirm. Open 7 am to 9 pm ET, every day, by appointment. **What you need** - A valid government photo ID - A computer or phone with a camera - The unsigned document [Book an online session](/notary/?service=ron#order) Our certificate states the act was performed using communication technology, as New Jersey law requires. [What it must say](/notary/remote-online-notarization-certificate-wording) Most U.S. recipients accept a remotely notarized document; check with whoever will receive it. [What to ask them](/notary/will-my-online-notarization-be-accepted) · [Several signers](/notary/online-notarization-multiple-signers) ## Supporting records Bring a death certificate copy, marriage and birth records if available, and the property description if relevant. These are for the drafter and receiving office. The notary does not hold them. Where documents must be filed with a court or recorded, check format requirements first. ## When to involve an attorney If heirs disagree, if there is a possible will, or if creditors or taxes are involved, an attorney should handle it. An affidavit does not replace a court process where one is required. A mobile notary can meet at the affiant's home when travel is hard. ## Scenario: an older rural property with no probate A family has farmed a plot for decades. The owner died years ago and no one opened an estate. A buyer now wants to purchase the land, and the title company asks for an affidavit of heirship from a longtime neighbor and a family member. The neighbor swears to what she knows about the owner's marriage and children. The relative swears about relatives and any other claims. Each swears separately before a notary. The title company reviews them and decides whether to insure the sale. In many cases a court process is still the more reliable path. The affidavit is an aid, not a final ruling. If you are the affiant, answer only from your own knowledge and say plainly where you are unsure. Affiants often ask whether they must list every relative. The usual answer is to include the persons the form requests, such as the surviving spouse and children, and to say plainly when someone is unknown. Never guess about a relative you did not know. If the family has disputes over who qualifies, pause the signing and speak with an attorney before swearing to a list that might later be challenged. ## Common questions **Is this the same as a small estate affidavit?** No. They are different documents used in different situations. **Can several people sign one affidavit?** Sometimes, but each person swears separately to the notary. **Does it transfer property?** It generally supports a transfer rather than completing it. Ask the title company or attorney. ## More notary guides - [Closings Where a Guardian or Conservator Signs](/notary/guides/closing-when-a-guardian-or-conservator-signs) - [Arranging a Notary Visit to a Hospital Patient: A Practical Plan](/notary/guides/arranging-a-notary-visit-to-a-hospital-patient) - [Certification of Trust: Notarization and ID Checks](/notary/guides/certification-of-trust-notarization) This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation. Let us handle it [### Estate Planning Signings Mobile notary and witnesses for wills, powers of attorney, healthcare directives and trusts across New Jersey. At home, in the office or at a facility. Wills & POA notary →](/notary/estate-planning-notary)[### Mobile Notary A mobile notary near you in New Jersey, at your home, office, hospital or job site. Affidavits, powers of attorney, vehicle titles and business documents. Book online. 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