Quick facts
- Category: Affidavit / Sworn Statement
- Apostilled by the California Secretary of State (Sacramento or Los Angeles)
- Fee: $20 per document (mail) or $26 (walk-in) at the California Secretary of State
- Free document review before you pay any government fee
- Tracked outbound and return shipping included
What to know
Self-prepared — no issuing office. 1. Draft the affidavit. Identify the decedent, date of death, and each heir with their relationship; state the basis for your knowledge. Attach supporting documents (death certificate copy, family records) if the destination asks. 2. Personally appear before a California notary with satisfactory ID. The notary administers an oath and completes a jurat; you sign in the notary’s presence. If multiple affiants/witnesses sign, each signature is a separate $15 jurat. 3. Confirm the notary’s seal, signature, commission number, and expiration are present and legible. Who can swear it. An heir or a disinterested witness with personal knowledge of the family — match whatever the receiving authority requires. Cost + timeline for THIS step (verified June 2026): notary $15 per signature for the jurat (Gov. Code §8211(b)); usually same-day. Drafting is free. What.
Frequently asked questions
What exactly do I submit?
Your sworn Affidavit of Heirship, notarized with a jurat. The SOS apostilles the notary’s signature.
Does an apostilled heirship affidavit transfer property?
Not by itself — it’s a sworn statement of fact. The destination’s law (and sometimes a court order) governs the actual transfer.
Who should sign it?
An heir or a disinterested witness with knowledge of the family — follow the receiving authority’s requirement.
Multiple signers — how does that work?
Each person swears and signs their own jurat ($15 each); in person, each different signature adds $6 at the SOS.
Common destinations
Countries this document is most often sent to (pulled from this page's own guidance). Every destination has its own rulebook — apostille (Hague) or full legalization (non-Hague).