Sole heir

What it means

Being the only child is not the same as being the sole heir. The intestacy rules decide who is entitled, and a surviving spouse, a half-sibling or the descendants of a predeceased sibling can all sit in the line.

Several states publish a shorter route specifically for a sole heir, often a single affidavit with no court involvement.

Why it matters

The shorter route usually requires you to swear that nobody else is entitled, which is a statement about people you may not have thought about.

Rhode Island's sole heir affidavit is also the assignment of title, so the heirs are warranting the title they pass to a buyer at the same moment.

When you are likely to meet it

• On a motor vehicle sole-heir affidavit.
• When a form offers a shorter path if nobody else has an equal claim.

How this varies by state

Who is an heir, and therefore whether anybody is a sole heir, is set by state intestacy law.

Related terms

• Affidavit of heirshipA sworn statement of who a person's heirs are, recorded in the land records where no probate established it.
• DistributeeA person entitled to receive property from an estate — the word statutes use where a family would say heir.
• HeirSomeone entitled to inherit under state law when there is no will — not simply a relative.
• IntestateDying without a valid will, so the estate passes by the state's own rules rather than by anybody's wishes.
• Next of kinThe closest living relative or relatives, as the law of a particular state defines them — not as a family would.
• Per stirpesA way of dividing an inheritance so that if a beneficiary has died, their share passes down to their own children rather than to the other beneficiaries.

Sahvelo guidance that uses this

• If there is no will