What Is an Affidavit of Kinship?
An Affidavit of Kinship (sometimes called an Affidavit of Heirship or Designation of Estate Administrator) is a sworn statement signed by surviving family members that identifies:
All living heirs of the deceased
Their relationship to the deceased
Their agreement to designate one person to handle estate matters
When It Works as Supporting Documentation
An Affidavit of Kinship can be helpful when submitted alongside other required estate documents in these situations:
✓ Co-Heirs at the Same Succession Level
When all surviving family members who sign the affidavit are at the same level of intestate succession, the document can support estate administration.
Example scenarios where it works:
Three siblings (no surviving spouse, children, or parents) agree to have one sibling handle everything
Two adult children (no surviving spouse) designate one child as the representative
Multiple grandchildren (no surviving spouse, children, or parents) appoint one to act for all
What it accomplishes:
Shows financial institutions that all co-heirs consent to one person managing the estate
Reduces the institution's liability risk from competing claims
Demonstrates family agreement and unity
Identifies all heirs entitled to inherit
Important: The person designated must still meet legal requirements for claiming assets. They're signing as an actual heir with a legal right to their share, not just as someone the family appointed.
When It Doesn't Work
✗ Heirs at Different Succession Levels
An Affidavit of Kinship cannot give someone legal authority to claim assets if they're not entitled to inherit under intestate succession law.
Example scenario where it doesn't work:
Deceased has a surviving parent (Level 1 heir) and siblings (Level 2 heirs)
The siblings have no legal right to inherit while the parent is alive
An affidavit from the parent and siblings designating one sibling to handle the estate doesn't change the succession order
Why it fails:
The designated person is not a legal successor
They cannot truthfully sign a small estate affidavit claiming to be an heir
Financial institutions require the actual legal heir to sign, or someone with proper legal authority (like a power of attorney)
What to Use Instead
If the person handling the estate is not a legal heir:
Power of Attorney: The legal heir executes a POA authorizing the designated person to act on their behalf. This gives them actual legal authority that financial institutions will recognize.
Direct signing: The legal heir signs all required documents themselves (even if someone else is coordinating the process).
Key Takeaway
An Affidavit of Kinship is a helpful supporting document when co-heirs want to streamline estate administration, but it cannot create legal authority where none exists. Always confirm that the person claiming assets is either:
A legal successor entitled to inherit, OR
Acting under a valid power of attorney from the legal successor
Need help determining intestate succession in your state? Contact Sunset support for guidance on your specific situation.