Monday Primer: Affidavit Of Heirship

Question:
What do you do with a seller who inherits a piece of property from an owner who died intestate (without leaving a will) and needs to show good title to the property so that she can sell it?

Answer:
She will need to arrange to have an Affidavit of Heirship recorded in the office where deeds are recorded.  Requirements for an Affidavit of Heirship vary from state to state, so she needs to consult an attorney in her jurisdiction.  In general though, this is what she should expect...
First Things First: Did She Actually Inherit The Property:
If she was the only child of a widowed owner, it's easy to ascertain that she was the heir, but if there were other relatives such as a spouse or other children, she needs to check the rules of intestate succession in her state to find out who inherits in the event that a person dies intestate.  If anyone other than her has an interest in the estate, she'll need them to sign off on the sale as well.
Who Should Sign The Affidavit:
Assuming that succession is in order, she needs to find someone to execute the affidavit.  In many states she will actually need two signers.  Both witnesses need to be people who had knowledge of the deceased and can attest to the date of his death and to who he left behind.  The witnesses must also be people who did not have an personal interest in the property.
What Should Be In The Affidavit:
The affidavit should have the name of the deceased, the date of death, and the heirs left behind.  It should include a statement attesting that the witness has no interest in the property.  All of this should be done in front of a notary.
Last Step:
The final step in this process is recording the affidavit in the office in her county where deeds are recorded.