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What Is an Affidavit of Heirs in Florida Probate? No one wants to think about what happens after they die, but having certain things in place — such as a Last Will and Testament — ensures that loved ones don't have to navigate through a legal mire for portions of a deceased person's estate. A will also defines who your heirs are — and consequently, who they aren't. People who die without a will in the state of Florida put upon their relatives the necessity of filing an Affidavit of Heirs to establish their eligibility to share in your estate. This is what you need to know about the Affidavit of Heirs. 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.