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sell a house in probate

AFFIDAVIT OF HEIRSHIP IN FLORIDA: WHAT IT IS AND WHY IT MATTERS WHEN SELLING AN INHERITED HOME

If you’ve inherited a home from a loved one—especially without a will—you may have heard the term “Affidavit of Heirship” tossed around. But what is it, and why does it matter when trying to sell inherited property in Florida?

At Moe Buys Homes, we regularly work with sellers in Pensacola, Milton, and across Escambia and Santa Rosa counties who are navigating the legal steps after a death in the family. One of the most important (and often misunderstood) tools is the Affidavit of Heirship.

Let’s break it down in plain terms.


An Affidavit of Heirship is a legal document used to establish who the rightful heirs are to a deceased person’s property—especially when there is no will or the estate hasn’t gone through probate.

It’s commonly used to:

  • Prove ownership of real estate after the death of a loved one
  • Avoid lengthy and expensive probate court processes
  • Clear title issues when trying to sell inherited property
  • Help heirs sell or transfer property more quickly

If your name isn’t on the title—but you’ve inherited the property—you can’t legally sell it until ownership is clearly documented. This is where the Affidavit of Heirship comes in.

Without one, the sale might get delayed, fall through, or result in legal problems later.

Common Scenarios Where It’s Needed:

  • Parent passed away without a will
  • You and your siblings inherited a house jointly
  • You’re living in the house but it’s still in your relative’s name
  • The property has sat vacant since the owner’s death

A proper Affidavit of Heirship in Florida typically includes:

  • The name and death date of the deceased
  • Their marital status and children or heirs
  • A statement that the deceased died without a will (intestate)
  • Names and addresses of all known heirs
  • Signatures from disinterested witnesses (not related or benefiting from the estate)
  • A notarized signature from the affiant (the person filing it)

This is important: An Affidavit of Heirship does not legally transfer the title like a deed does. But it’s often accepted by title companies and cash buyers (like us!) as sufficient evidence of ownership to move forward with a sale—especially when probate would be costly or slow.


If you’re holding onto inherited property and you’re unsure whether you need to go through probate or can simply use an affidavit—we can help.

We work with local title attorneys and can guide you through:

  • Whether an Affidavit of Heirship is right for your case
  • How to obtain one quickly
  • Working with multiple heirs and avoiding conflicts
  • Buying your house as-is, even if paperwork isn’t perfect yet

From inherited bungalows in East Hill to rural family land in Jay, we help people across Northwest Florida sell inherited property fast, without stress or expensive legal battles.

Even if the house needs work, has back taxes, or unresolved ownership issues—we can still make you a fair cash offer.


If you’ve inherited a house and want to sell—but don’t know where to start—reach out to Moe Buys Homes today. We can walk you through the Affidavit of Heirship process and buy your home fast, with no repairs, fees, or waiting.

👉 Get your no-obligation offer now
📞 Or call us at (251) 299-9632


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