What Is an Affidavit of Kinship?
An Affidavit of Kinship, sometimes called an Affidavit of Heirship or a 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
Sunset generates these for you. The affidavit comes pre-filled with the information already in your account, everyone signs electronically, and it's free. If notarization is required, our free online notary is available 24 hours a day. You don't need to draft anything or track down a template.
When It Works
An Affidavit of Kinship is useful when submitted alongside the other documents an institution requires. It doesn't replace them.
Co-heirs at the same succession level
It works when everyone signing is at the same level of intestate succession. For example:
Three siblings, with no surviving spouse, children, or parents, agreeing that one sibling handles everything
Two adult children, with no surviving spouse, designating one of them as the representative
Several grandchildren, with no surviving spouse, children, or parents, appointing one to act for all
What it accomplishes:
Shows the institution that all co-heirs consent to one person managing the estate
Reduces the institution's exposure to competing claims, which is what they actually care about
Identifies everyone entitled to inherit
Demonstrates the family is in agreement
Important: the designated person still has to meet the legal requirements for claiming assets. They're signing as an actual heir with a legal right to their share, not merely as someone the family picked.
When It Doesn't Work
Heirs at different succession levels
An Affidavit of Kinship cannot give someone authority to claim assets if they aren't entitled to inherit under intestate succession law. Agreement among the family doesn't change the legal order.
A common example: the deceased leaves a surviving parent and several siblings. The parent inherits ahead of the siblings, so the siblings have no legal right to the estate while the parent is living. An affidavit signed by all of them designating a sibling to handle things doesn't work, because:
The designated person is not a legal successor
They can't truthfully sign a small estate affidavit claiming to be an heir
The institution needs the actual legal heir to sign, or someone with proper legal authority
What to do instead
If the person coordinating the estate isn't a legal heir, there are two clean routes:
The legal heir signs. Someone else can still do all the coordinating and paperwork, but the heir signs the documents themselves.
The legal heir grants a power of attorney. The heir executes a POA authorizing the other person to act on their behalf, which gives them real authority institutions will recognize.
One point that confuses people: this is a power of attorney from a living heir, which is valid. It's not the same as a power of attorney the deceased signed while alive. That one terminated the moment they died and can't be used for anything.
The Short Version
An Affidavit of Kinship is a helpful supporting document when co-heirs want one person to handle things, but it cannot create legal authority where none exists. Before relying on one, confirm the person claiming assets is either a legal successor entitled to inherit, or acting under a valid power of attorney from one.
Need Help?
Intestate succession rules vary by state and aren't always intuitive, particularly in blended families. If you're not sure who ranks where, ask us and we'll walk through how your state's law applies. Sunset is not a law firm and does not provide legal advice, so if the situation is contested, talk to an attorney.
Chat with us in the app, call (385) 707-0082, or email [email protected]. We reply to email within one business day.