How to Resolve Title Issues: Heirship Affidavits and Estate Planning
If you die without a Will, you are said to have died intestate. When someone dies intestate, Texas law lays out how the estate/house will be handled in the Texas Probate Code. If a person dies without a will, and the deed to the property does not expressly include joint tenancy with survivorship language (most Texas deeds do not), then issues may arise as to which persons have title to that property and in what percentages. It is essentially unsellable as it is, and a title company will not issue title insurance until heirship issues are addressed and resolved. This must be done by either a probate proceeding in county court (resulting in appointment of a personal representative of the estate and ultimately a judgment determining heirship) or by an “affidavit of heirship” followed by a “curative deed” or “consolidation deed” (our terms) signed by the surviving heirs.
What is an Affidavit of Heirship?
An Affidavit of Heirship is ‘a statement of facts concerning the family history, genealogy, marital status or the identity of heirs of a decedent.’ http://www.hweclaw.com/ If your loved one died without a will and you attempt to obtain or sell his property, you will need an affidavit of heirship. Heirship property is virtually unsellable until the owners and their ownership percentages are identified. When someone dies without a will, or intestate, then essentially he has allowed the State of Texas to make a will for him. If the decedent is unmarried, then Texas Probate Code Sec. 38 applies, providing that the property goes in equal shares to the children if there are any. If not, then the property goes in equal shares to the parents.If the decedent was married, then community property is involved, and Sec. 45 applies. Note that this was revised in 1993 and applies only to deaths occurring after that date. http://www.lonestarlandlaw.com/Affidavits.html Texas probate law changes so make sure you stay informed. Resolving these issues requires either a probate proceeding determining and declaring heirship or an affidavit of heirship followed by a deed.
Two Steps in Order to Avoid Probate
To read the steps involved in clearing the title and avoiding probate. Click here for the full article.
While some people choose to hire real estate attorneys, many others choose to work with a Company such as Big State Home Buyers. If your loved one dies without a will, Big State Home Buyers will work with a title company and a real estate attorney at no additional cost to you. Not only does this save you and your loved ones time and prevent unnecessary stress, but it can also save money. For more information on how we can help with your inherited property or title issues, call us at 713-909-4119 or visit www.bigstatehomebuyers.com/quick-offer-form