Not an immigration question. Please repost in correct category so that you get meaningful answers.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
You should talk to your current lawyer about this. You wouldn't do an affidavit of heirship or heirship proceeding and a small estate affidavit, it would be one or the other.
I believe you may be confusing affidavit of heirship with an heirship proceeding, but not sure. An affidavit of heirship is done outside of court and is filed in the county deed records. After five years the information in the affidavit regarding heirs of the decedent is presumed to be true. An heirship proceeding is done in court and is a judicial determination of the heirs. Then usually you would apply for administration and have letters of administration issued.
Using a small estate affidavit is not ideal for transfer of stocks because generally they are met with resistance by stock transfer agents. For transfer of stocks, the most accepted method of transfer is an heirship proceeding and then application for adiministration and issuance of letters of administration. The letters are what transfer agents want to see.
I hope this is helpful. Since you are already paying a lawyer, you should get your moneys worth and ask him/her to explain things to you and communicate with the appropriate persons regarding the stock.
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