The Affidavit of Nearest Kin is a crucial legal document within the Philippine legal system, commonly required when a person dies without leaving a will or when formal documentation of family relationships is needed. This affidavit serves as a sworn statement that identifies the deceased person's closest living relatives and their relationship to the deceased. It is particularly important for claiming death benefits, accessing bank accounts, settling estates, or processing insurance claims. The document must be executed before a notary public and typically includes supporting documents such as death certificates, birth certificates, and marriage certificates to substantiate the claimed relationships. Under Philippine law, this affidavit helps establish the rightful heirs' authority to claim or manage the deceased's assets or benefits.
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1. Title and Jurisdiction: States the document type and jurisdiction where it is being executed
2. Affiant Details: Full legal name, age, citizenship, and complete address of the person making the affidavit
3. Deceased Person Details: Full name of the deceased, date and place of death, and last known address
4. Relationship Declaration: Clear statement of the affiant's relationship to the deceased
5. List of Legal Heirs: Comprehensive list of all surviving legal heirs and their relationships to the deceased
6. Purpose Declaration: Specific purpose for which the affidavit is being executed (e.g., claim benefits, settle estate)
7. Supporting Documents: List of attached documents proving relationship and death
8. Oath and Verification: Sworn statement affirming the truth of the contents
9. Notarial Section: Space for notary public's details and authentication
1. Estate Details: Description of the deceased's estate or properties, used when the affidavit is for estate settlement purposes
2. Disinheritance Declaration: Statement confirming no other heirs or explaining why certain heirs are not included, used when relevant
3. Witness Statements: Additional declarations from witnesses who can attest to the relationships, used in cases where documentary evidence is limited
4. Waiver of Claims: Statement from other heirs waiving their rights in favor of the affiant, used when applicable
5. Community Property Declaration: Details of marriage property regime if deceased was married, used when relevant to estate matters
1. Schedule A - Family Tree: Detailed family tree showing relationships of all mentioned parties to the deceased
2. Schedule B - Document List: Comprehensive list of all supporting documents attached to the affidavit
3. Schedule C - Death Certificate: Certified true copy of the death certificate of the deceased
4. Schedule D - Birth Certificates: Copies of birth certificates proving relationships
5. Schedule E - Marriage Certificates: If relevant, copies of marriage certificates establishing relationships
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