Kinship affidavits play a critical role in New York Surrogate’s Court proceedings, particularly in administration proceedings where non-marital children of a decedent must be established as distributees. The sample affidavit below offers a useful reference for practitioners handling kinship hearings or intestate estates involving non-marital children.
This particular affidavit was used in a Bronx County Surrogate’s Court administration proceeding. It is signed by a family member of the decedent and affirms the decedent’s open and notorious acknowledgment of his children.
Key Features
Affiant Relationship: The affiant is a close relative of the decedent, providing firsthand knowledge of family history.
Non-Marital Children Identified: The affidavit names individuals as children of the decedent based on personal knowledge and long-standing acknowledgment.
Affirmation of Paternity: The affidavit underscores the decedent’s ongoing relationship with his children and his consistent affirmation of paternity.
Distributive Share Disclaimer: The affiant acknowledges that submitting the affidavit may diminish their own potential share in the estate.
PDF Download
You can view or download the sample affidavit here:
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