When someone dies without a will in Florida, there is no single document that automatically hands out their property. An affidavit of heirs is a sworn statement identifying who the law recognizes as the decedent’s heirs, used to support a probate filing, a title search, or a records request. It does not transfer real estate by itself, and it is not the same document as an affidavit of survivorship. Below, we cover who counts as an heir under Florida law, when this affidavit gets used, and what Lee County Docs charges to prepare and record an affidavit.
Lee County Docs is a non-attorney document preparation service. We do not give legal advice, do not represent clients in probate court, and do not advise on how to avoid probate. If your situation involves a contested estate, multiple potential heirs who disagree, or an open probate case, that is a matter for a Florida probate attorney.
What Is an Affidavit of Heirs in Florida?
An affidavit of heirs is a sworn statement, typically signed by someone with personal knowledge of the family, listing the decedent’s heirs under Florida law. It is most often used to support a probate proceeding, satisfy a title company’s request during a real estate transaction, or document family relationships for the public record when there is no will.
The affidavit is a statement of fact, not a transfer instrument. Signing one does not move title to real estate, close an estate, or replace a probate court’s determination of heirs where probate is required. Florida courts, title companies, and clerks treat it as supporting evidence, not as the final word.
Affidavit of Heirs, Affidavit of Heirship, and Affidavit of Survivorship: Which Is Which
People searching for one of these documents are often looking for a different one, so the terms are worth separating plainly. An affidavit of heirship is generally the same document as an affidavit of heirs; the two terms are used interchangeably in Florida practice, and neither transfers property on its own.
An affidavit of survivorship, by contrast, applies to jointly held property where the surviving owner takes title automatically by operation of law, without probate, because of how the deed was worded. We cover that document in detail in our affidavit of surviving spouse guide. If the property in question was held jointly with a right of survivorship, whether between spouses or between other co-owners as an affidavit of surviving joint tenant, that is the faster and simpler document, and an affidavit of heirs is not the right tool. An affidavit of heirs is for the situation those documents do not cover: identifying who inherits when there was no joint ownership arrangement in place and no will.
Who Counts as an Heir Under Florida Law When There Is No Will
Florida’s intestate succession statute sets a fixed order. Under Florida Statute 732.103, property passes first “to the descendants of the decedent,” then, “if there is no descendant, to the decedent’s father and mother equally, or to the survivor of them,” and if there is neither, “to the decedent’s brothers and sisters and the descendants of deceased brothers and sisters.”
This order applies only when there is no valid will and the property was not already held in a way that passes it automatically, such as joint tenancy with right of survivorship. A spouse’s share depends on additional factors in the statute, including whether the decedent left descendants from outside that marriage, which is a detail worth confirming case by case rather than assuming. The affidavit of heirs is where this legal chain gets put into a sworn, specific statement naming the actual people involved.
When Does a Florida Probate Court Ask for an Affidavit of Heirs?
Florida probate courts commonly request an affidavit of heirs when there is no will and the identity of the heirs is not otherwise documented, such as in a summary administration or when a title company needs a clear chain of ownership before closing a sale. It supplements, rather than replaces, whatever the probate court or a title examiner independently requires.
Managing inheritance for heirs after a death with no will almost always starts with this question: who, specifically, does the law recognize. A family that agrees informally on “who gets what” still needs that agreement to match the statutory order, or a court and a title company will not accept it. That is the gap this affidavit closes, on paper, with names and relationships stated plainly rather than assumed.
What an Affidavit of Heirs Does Not Do
An affidavit of heirs is not a deed, and on its own it does not transfer real estate, close an estate, or eliminate the need for probate where probate is legally required. It is a supporting statement of fact, used alongside whatever probate filing or title clearance process actually applies to the property.
Florida’s Supreme Court has also been clear that a nonlawyer may not draft a will or living trust for someone else, which sits outside what any document preparation service can do; our role is limited to typing an affidavit from the information the family supplies, not deciding who the heirs are. If a family wants to avoid this kind of after-the-fact paperwork for their own estate, our guide to avoiding probate in Lee County and our Lady Bird deed guide cover the planning-ahead alternative.
What Does It Cost to Have an Affidavit Prepared and Recorded?
Lee County Docs lists affidavit preparation at $225.00 each on its price page, with recording through the Lee County Clerk of Court at $18.50 for the first page, plus $8.50 for each additional page and $1.00 per name over four. Those figures cover the affidavit preparation and recording service listed on the site. Call 239-482-7900 to confirm that your specific affidavit is one we can prepare before you send anything in.
The same fill-in-the-blank process applies as with any other document Lee County Docs prepares: you supply the family information in writing, the affidavit is typed from what you provide, you sign it in front of a notary, and it gets filed or recorded as needed. You would receive no legal opinion on whether the affidavit or the underlying heir determination is correct, consistent with every other document this service prepares.
FAQ
Can I do an affidavit of heirship myself in Florida?
You can complete a fill-in-the-blank affidavit of heirship yourself if you supply your own information, since a nonlawyer may fill out a form with facts the customer provides. What a nonlawyer service cannot do is decide the legal question of who your heirs are or draft language advising on that determination; that stays with you or an attorney.
Who is legally classed as the next of kin in Florida when there is no will?
Florida’s intestate succession statute sets the order: descendants first, then parents if there are no descendants, then siblings and their descendants if there are neither. A spouse’s share depends on additional factors in the statute and is worth confirming for the specific family situation rather than assumed.
Is an affidavit of heirs the same thing as an affidavit of survivorship?
No. An affidavit of survivorship applies to jointly held property where the surviving owner takes title automatically because of how the deed was worded, with no probate involved. An affidavit of heirs applies when there was no such joint ownership arrangement and no will, and the heirs need to be identified under Florida’s intestate succession rules.
Does an affidavit of heirs avoid probate in Florida?
No. It is a supporting statement of fact used alongside a probate filing or title clearance, not a substitute for probate where probate is legally required. Anyone weighing whether their own estate can skip probate entirely should look at planning tools like a Lady Bird deed instead, before a death makes that decision for them.
What does it cost to have an affidavit prepared and recorded through Lee County Docs?
General affidavit preparation is listed at $225.00, with recording at $18.50 for the first page plus $8.50 per additional page and $1.00 per name over four. Call 239-482-7900 or use our contact page to check that the affidavit you need is one we prepare.
Questions about a specific family situation? Call Lee County Docs at 239-482-7900 or reach us through our contact page, and we will tell you plainly whether this is something we can type and file, or a matter to bring to a probate attorney first.