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Why Is an Affidavit of Heirs Required in Estate Administration? States have laws that dictate what happens to a decedent's estates if they die without a will ("intestate"). When this happens in Florida, one of the decedent's heirs must start an action in the probate court and petition to be the personal representative of the estate in order to initiate the distribution of the property. If no one starts a claim, the decedent's property could end up being forfeited to the state. Additionally, the probate court process will be more drawn out and much less efficient without a claim. The court will not agree to appoint the petitioner as the personal representative until they also file the Affidavit of Heirs. The probate court uses the Affidavit of Heirs to determine any eligible heirs. It can then divide the estate among the heirs in accordance with those laws. The fact that an individual's name appears in the list of heirs in an Affidavit of Heirs does not guarantee that this person will receive anything from the decedent's estate. The information in the Affidavit of Heirs is necessary, however, to ensure that no heirs who have a proper claim to a portion of the decedent's property are left out of the distribution process. Otherwise, there could be acrimonious disputes between family members in the future.