Affidavit of Heirship
Establish under oath who the legal heirs of a deceased person are when there is no will, so the estate can devolve on the rightful family members by intestate succession. The Master of the High Court, banks, and estate representatives rely on it to identify the heirs, and it is often deposed to by a family member or someone who knew the deceased and the family well.
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Download Blank TemplateAffidavit of Heirship Affidavit — Frequently Asked Questions
Who inherits if there is no will in South Africa?
When someone dies without a valid will, the estate devolves according to the rules of intestate succession. The surviving spouse and children inherit first — a spouse in a civil, customary, or civil union marriage is recognised — and if there is no spouse or child, the estate passes to the parents, then siblings, and then more distant blood relatives. The Master of the High Court oversees the process and will require sworn details of the family before the estate can be distributed.
Who can sign an affidavit of heirship in South Africa?
It should be deposed to by someone with personal knowledge of the deceased's family and marital history — a close relative, or a longtime family friend who does not stand to inherit. The affidavit must be signed before a Commissioner of Oaths, which can be done free of charge at any SAPS police station, or before an attorney, bank official, or post office official.
How do I make a affidavit of heirship affidavit legally valid in South Africa?
Fill in the affidavit of heirship affidavit, print it, and sign it in front of a Commissioner of Oaths — do not sign beforehand. Bring your ID document. Commissioning is free at any SAPS police station, and Commissioners of Oaths are also available at banks, post offices, and attorneys' offices.
Is this affidavit of heirship affidavit template free?
Yes. You can generate a completed affidavit of heirship affidavit PDF or download a blank printable template completely free, with no sign-up required. Your information is used only to generate the document and is not stored after the PDF is created.