There are still options available if you are an inheritor of property and there have not been estate planning documents to allow for the transfer. Depending on your state law, you might be able to have such property transferred.
In the event of a person’s death without a last will, it is the state that determines who gets what portion of their estate. This doesn’t automatically mean that the title transfer will take place. The legal process of claiming the property is initiated by the heir. The most common methods that states allow the property to pass into the names and ownership of an inheritor if there isn’t a will are filing a small affidavit or affidavits and initiating court proceedings.
Small Estates Affidavit
Many states have adopted a small estates waiver to speed up the process of transferring property. A state’s law will determine what is considered a small estate. Texas law requires an estate to have less than $75,000. Illinois has a minimum of $100,000. Some state statutes forbid the use of small estate affidavits when real estate is involved.
The affidavit on a small estate must either be signed by the spouse, surviving child, or a relative. The affidavit needs to be filed in court in some jurisdictions. In other cases, the affidavit can only be filed by the owner. The form can also be completed online and submitted within minutes.
Certificate Of Heirship
If all heirs have agreed on the disposition of realty or only one is the heir to it, you might be able to get the title by filing an affirmative proving your heirship. You may have tried to sell your property for many years, but it has not been in your name. To establish ownership you will need affidavits from at least two people who aren’t interested and who know the family members of your decedent.
Other heirs can sign a title deed to allow you to transfer your rights. Alternatively, if you’re the sole heir, you can file heirship declarations in real-estate records at the property location. This will inform others that you are the property owners.
We are available to help you with all your problems. We are located on Houston’s Northwest Side, for all your probate or Houston heirship attorney.
Letters Of Administration
Although small estates and heirship documents can help avoid probate, they may not always be available. If there is real property involved, and the assets have a value that exceeds the state statute regarding smaller estates, or if you are not able to use affidavits you might have to apply for letters of administration.
Letters of administration are issued to you. They make you the administrator. This empowers you to transfer estate assets. You would also be responsible for facilitating property transfers as per state laws.
If you are unable to agree on how assets should be distributed, you may need a court case. Even if there’s an unknown or legitimate heir to the property or the title deed contains errors, this applies.
If you find yourself needing to file court proceedings to have the property transferred to you, it is worth seeking legal advice. It is easy for people to get confused about the laws regarding estate transfer, especially when they are involved in court proceedings. There may be tax considerations.
If you are following the rules for intestate succession, it should not be difficult to obtain their property in the name of your loved one, even if they did not leave a will. If you follow the appropriate procedures, you should be in a position to receive your property.
This section of this website is intended to be informative only. This information does not constitute legal advice.