The Affidavit of Heirship Form is a crucial legal instrument in Philippine succession law, commonly used when a person dies without a will or when the estate is small enough to avoid formal probate proceedings. This document becomes necessary when heirs need to establish their rights to inherit property, access bank accounts, claim insurance benefits, or transfer vehicle registrations. Under Philippine law, this affidavit serves as evidence of heirship and can be used to facilitate the transfer of assets to rightful heirs, particularly in cases where the estate's value doesn't warrant a full court proceeding. The document must contain detailed information about the deceased, all potential heirs, their relationships, and the basis for their inheritance claims. It must be executed in accordance with the Civil Code of the Philippines and properly notarized to be legally valid.
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1. Title and Jurisdiction Statement: Formal title of the document and statement of jurisdiction under Philippine law
2. Affiant Information: Full legal name, age, citizenship, and address of the person making the affidavit
3. Deceased Person's Information: Details of the deceased including full name, date and place of death, last residence
4. Relationship Statement: Affiant's relationship to the deceased and basis for knowledge of family history
5. Marital Status of Deceased: Statement about the deceased's marital status at time of death and details of spouse if applicable
6. List of Legal Heirs: Complete enumeration of all legal heirs, their relationships to the deceased, ages, and addresses
7. Property Declaration: General statement about the deceased's property and assets subject to inheritance
8. Verification and Oath: Formal declaration of truth of the statements and oath before notary public
9. Notarial Acknowledgment: Formal notarization section with notary's details and signatures
1. Previous Marriages: Section detailing any previous marriages of the deceased and their termination, used when deceased had multiple marriages
2. Adopted Children: Details of legally adopted children if any, including adoption documentation references
3. Predeceased Heirs: Information about any heirs who died before the deceased, used when representation applies
4. Waiver of Rights: Statement of any heirs waiving their rights to inheritance, if applicable
5. Special Properties: Detailed description of specific valuable properties or businesses, used for significant estates
6. Foreign Assets: Section dealing with assets located outside the Philippines, if applicable
1. Death Certificate: Certified true copy of the deceased's death certificate
2. Birth Certificates: Copies of birth certificates proving relationship of heirs to deceased
3. Marriage Certificate: Copy of marriage certificate if deceased was married
4. Property Documents: List and copies of relevant property titles or documentation
5. Family Tree: Diagram showing relationships between deceased and all claimed heirs
6. Supporting Affidavits: Additional affidavits from other family members or witnesses confirming relationships
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