An affidavit of heirs is a sworn statement that helps a probate court understand a deceased person’s family relationships. It can supply important information about who may have rights in the estate, but it does not itself determine inheritance or transfer property.
Heirs and beneficiaries are not always the same
Florida’s Probate Code uses “heirs” for people entitled to inherit under the intestacy statutes, including a qualifying surviving spouse. A person designated to receive a gift under a will or trust is a “devisee.” The broader term “beneficiary” has definitions that depend on the estate and context.
A valid will may direct probate property differently from intestacy, subject to applicable legal protections. Property with an effective beneficiary designation, survivorship ownership or a trust arrangement may follow a different process altogether.
What information does the affidavit provide?
The required form and supporting information depend on the court and the proceeding. An affidavit may request the decedent’s identifying information, date of death, marital history, surviving spouse, descendants and other relatives relevant to the statutory inheritance order.
Information about relatives who died earlier and their descendants may also matter. Family members should not be omitted merely because they were estranged or had little contact with the decedent.
The person signing should provide accurate information based on their knowledge and identify gaps or uncertainty rather than guess. Birth, death, marriage, divorce or other records may be needed to clarify the family history. Notarization of an affidavit does not independently establish the truth of every fact it contains.
How is it used in probate?
The affidavit can help identify interested persons, determine whom to notify and evaluate inheritance rights. Being listed does not guarantee that someone inherits. The applicable law, other evidence and court orders determine the result.
It is also too broad to say that only an heir can open a probate case. Section 733.202 permits any interested person to petition for administration. Eligibility and preference for appointment as personal representative are separate questions governed by the Probate Code.
An affidavit may be requested in a case involving a will as well as an intestate estate, depending on the issues and local requirements. There is no reason to assume that every Florida court uses an identical form or that an affidavit replaces the other required filings.
Check the requirements for the particular estate
Current court procedures should be reviewed before filing. If the available information is incomplete or someone disputes a family relationship, those issues should be addressed directly.
Likewise, an initial inability to locate relatives does not by itself mean that property immediately passes to the state. Florida’s statutory heir categories and applicable procedures must be considered.
Verras Law can help organize the information and explain the probate steps needed for the estate.
Sources: Florida definitions of heirs, devisees and interested persons; Who may petition for administration; Personal representative appointment preferences; Sixth Judicial Circuit current practice requirements.
Updated October 26, 2026.