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A client came to my office last year certain her uncle’s estate would move quickly. He had no will, but every relative — from Forest Hills to Rego Park — agreed on exactly who his closest family members were. No disputes, no confusion. The Queens County Surrogate’s Court disagreed with her timeline. Until someone put that agreed-upon family tree into a sworn, written statement, the case would not proceed.
What Is an Affidavit of Heirship?
An affidavit of heirship, sometimes called a family tree affidavit, is a sworn statement identifying every person who may have a legal right to inherit from the decedent — the “distributees” — and explaining precisely how each is related. The court relies on it to confirm that no one entitled to notice has been left out, whether the estate passes under a will or through intestacy. It comes up constantly for Kew Gardens and Rego Park families I represent, particularly when the closest surviving relatives are siblings, cousins, aunts, or uncles rather than a spouse or children.
Two Mistakes That Stall Forest Hills Estates
- The wrong person signs it. The affidavit must come from a “disinterested person” — someone with no financial stake in the estate. A sibling who is also inheriting generally cannot serve in this role.
- The family tree is incomplete. Once distributees fall at the cousin level, both the maternal and paternal sides must be traced, sometimes with documented proof of the search effort.
Either mistake can delay a Surrogate’s Court proceeding by months, which is exactly what happened before my client came to see me.
Why I Recommend Bringing in Help Early
That is why I advise Forest Hills families not to prepare this document alone. My office regularly serves as an affidavit of heirship attorney for cases that are already open and stalled on this exact requirement — confirming whether the affidavit is even needed, building and verifying the family tree, and identifying a qualified disinterested signer before the court raises the issue itself.
Getting the Case Moving Again
For my client, the fix was straightforward once we had the right pieces: a neighbor who had known the family for decades signed as the disinterested witness, and we traced both sides of her uncle’s family to satisfy the court’s documentation standard. Her case, which had sat still for weeks, moved forward within days of filing.
If your loved one left behind an estate which requires an affidavit of heirship to be prepared, contact Roman Aminov today for a free phone consultation.
Contributed by Dan Rose, a local business writer specializing in probate and estate administration services in New York City.
Roman Aminov Estate Law firm of Queens
147-17 Union Tpke, Kew Gardens Hills, NY 11367, United States
P59P+93 Kew Gardens Hills, Queens, NY, USA
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