Of the issues homeowners face when they sell an inherited house, inheriting a house without a will remains the most challenging. It’s important to examine some essential survival tips before deciding to sell that will make the process easier.
The property is called your estate. When your loved one dies without a will, this estate is distributed according to rules determined by their home state. These are called rules of intestacy. Intestacy is the legal name for the condition of the estate when someone dies without a will. Rules of intestacy are determined by the Probate Code. In most states, this is the order in which an estate is distributed:
If the deceased had a spouse, their assets will be determined to be either Separate Property or Community Property:
Separate Property is any property owned by the deceased prior to being married. It also includes gifts the deceased received during the marriage, or acquired through inheritance. This is the order in which separate property is divided:
Community property is simply property that was acquired during the course of the marriage and is therefore shared. Here’s how it breaks down:
Now that we’ve explained the details of probate and made clear who is entitled to what, let us explain how to navigate the bureaucracy that comes with selling your house without a will.
Prepare the Affidavit of Heirship
An affidavit of heirship is just a testament that someone is the rightful heir to a property made by a close associate of the deceased. It contains one’s family history, genealogy, marital status and the identity of heirs of the deceased. Title companies will usually require an immediate family member and two disinterested parties/witnesses sign and notarize the affidavit.
Preparation of the Deed
The second step after the affidavit of heirship involves preparing the deed, and transferring title for the heirs. Once the deed is prepared, both the deed and the affidavit of heirship are filed in the county records, and you are free to sell your home.
We hope this has been informative. This process may sound overwhelming, but it doesn’t have to be. At Lisa Buys Austin Houses, our in-house Title experts work directly with the Title Companies. We also interface with family members and make the selling process as simple as possible. Lastly, we prepare these documents at no cost to sellers.
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