![]() ![]() The form itself provides very simple information about the marriage, including the date and the state in which it occurred. Both individuals must sign and attest that the marriage is valid and legally binding. ![]() In a common law marriage, you will not necessarily have a marriage certificate. It may also be helpful in states that recognize common law marriage. This affidavit may be necessary to apply for a foreign visa, for insurance purposes, or to apply for certain financial accounts. Usually, a certificate of marriage would perform the same function, but couples can use an affidavit of marriage if they are unable to locate their marriage certificate. This document declares that two individuals are legally married to one another. It is also important to note that each state has slightly different requirements for executing this document. Keep in mind, however, that it may not be valid if the entire family does not agree on who should receive the property. If the remaining family members agree that a certain person should receive the personal or real property at issue, then using an affidavit of heirship can be a helpful way to show this. Filing this document with the state Recorder's Office can be a valid way to pass real property or personal property from the deceased to their heirs and may help avoid the need to go to court to probate a will.Īn affidavit of heirship works best when there is only one legal heir. This type of affidavit essentially states that a specific person is the legal heir of a deceased person. These affidavits are used most often when the individual who passed away did not have a valid last will and testament or another estate planning tool in place. Many affidavits assert that they are signed under penalty of perjury, though this may not be a required statement.Īn affidavit of heirship may also be a necessary document in relation to an estate. Being truthful to the court is vital, whether communicating via an affidavit or in person on the stand. Making any statement that is not true in an affidavit is technically a violation of the law and you can be fined or even imprisoned for committing perjury (the crime of being willfully untruthful under oath). Keep in mind that the affidavit may speak to your credibility, so following these simple tips will make you look more professional and will not negatively affect your credibility.
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