Affidavit of heirship

My father left unclaimed securities. I have several siblings, three of which I, or my other siblings, have no idea if they are alive or where they are. What happens if I don’t list them? My father left no will; he died in 1997. I was the beneficiary on his life insurance, etc., but he must have forgot about these securities that I found. California is holding in unclaimed money/property.

Asked on June 29, 2009 under Estate Planning, Nevada

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am neither admitted in Nevada or California.  In a Probate Court proceeding, an Affidavit of Heirship is usually written by someone with intimate knowledge of your family, like a close family friend or relative.  It is not usually written by next of kin of the decedent and the Court can be very picky as to who can write it.  It is a sworn affidavit (i.e., under penalty of perjury).

You, I assume, are writing it or filling in the blanks under the unclaimed property laws and under the California Probate Code.  It is still signed under penalty of perjury.  You should seek legal counsel for a consultation as to how to handle this.  Maybe a Small Estate Proceeding where one of you is appointed Administrator of your Father's Estate and publish the necessary documents to find your siblings or at the very least give the requisite Notice requirements under most state laws? Unfortunately, it is not as easy as you may have thought. Good luck.    


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