Paul, Would the below statement be true for most states. Quan Affidavit Of Descent If a person owns property and that person dies intestate (without a will), it is normal to file an Affidavit of Descent. This Affidavit is a sworn statement that gives the name of the deceased land owner, the date of death and the names of the heirs of the decedent. Sometimes the Affidavit will also includes ages of the heirs and their addresses. An Affidavit of Descent will be filed and indexed with the deed records under the name of the decedent. Anytime that you locate an Affidavit of Descent, you should also check out the next few recorded deeds. Usually, if the person died without a will, the family doesn't get around to filing the Affidavit of Descent until they get ready to dispose of the real estate and some attorney informs them "by the way you need to file the Affidavit first." If this is the case, the deed conveying the real estate of the decedent will not only list the names of the heirs, but also the names of the spouses. Many times if the property has been held for an extended period of time or even allowed to pass through to the next generation, an Affidavit of Descent can give information on multiple generations. So next time you are in the deed room, check the grantor indices for Affidavits of Descent
As always you guys are a great help to this newbie! I think I asked this before and I cannot find the response. In the 1800's if a person dies interstate or with out a will what would the term used for the process of distribution of that persons estate if you were looking for them or would that just depend on the state the property is in or the state the person died in. Sometimes I know what I need or what I am looking for just not the correct court term for that period in time. Thanks again, Quan