6.4.2 Affidavit of Death, Domicile, and Heirship
6.4.2 Affidavit of Death, Domicile, and Heirship aetrahan Thu, 06/22/2023 - 12:55This Affidavit is the evidence to prove the allegations of the Petition for Possession.1 It must be signed by at least two competent affiants who personally knew the decedent and have personal knowledge of the facts.2 The Affidavit echoes the facts alleged in the Petition for Possession. The Affidavit must state the decedent’s death, marriages, and all other facts necessary to establish jurisdiction and decedent’s relationship to the heirs.3
The law does not require proof by death certificate.4 The Affidavit is sufficient proof. It is, however, good practice to ask the client for a death certificate, an obituary, or funeral program to ensure that all heirs are included in the Petition for Possession.