Legal Question in Real Estate Law in Alabama

Re: would like some information about heirship affidavet

First, I assume from your info. that you are in California. I recommend an attorney from your state but I will give you a general reply. Normally, in a death without a will, heirship affidavits from two disinterested parties and one interested party (total of three) followed by deeds from all named heirs will suffice. However, you get into all manner of other issues. For example, are any of the heirs minors under your states law? If so, they probably cannot sign a deed and you would need to set up a conservatorship or guardianship for them. Then the conservator or guardian could petition the court for permission to execute the deed on behalf of the minor. Even then you might spend a lot of money and not obtain permission.

Another issue is the form of the affidavit. Each state will have certain facts that must be in the affidavit of heirship. Some states require different numbers of affiants. I think you should be ok with 3 as I mentioned but again, you truly need a local attorney who is familiar with this field.

You may also have other issues with regard to the spouse of any heir signing the deeds. It is always better for husband and wife to sign deeds in these matters.

You may also have time periods involved regarding the dates of death.

Finally, your facts are confusing because you said both children preceded their mother in death (meaning to me, died before her). Yet you state that your brother "preceded" her 12 months later? I am confused, but again my answer is quite general and I strongly advise a local attorney.