TITLE TALK: Question: Can I sell mama’s house if she doesn’t have a will?
Answer: Maybe! Using and Affidavit of Heirship.
An Affidavit of Heirship transfers title from the decedent’s name into the names of the heirs without having to go through the probate court. When a decedent leaves real property in his or her name, it is important to ensure that title passes legally. The legal effect of the Affidavit of Heirship is that it creates a clean chain of title transfer to the decedent’s heirs. We require clear title to insure mama’s property for sale or refinance. Most title companies in Texas will accept Affidavits of Heirship. hashtag#realproperty hashtag#titleinsurance hashtag#house hashtag#approvals hashtag#texas An Affidavit of Heirship is a written sworn affidavit usually signed by a family member called the applicant. The document traces and outlines the family history in detail, especially the decedent. It must also be attested to by two disinterested witnesses that have personal knowledge of the decedent’s family history. It is then filed and recorded with the deed records. Remember any Heirship Affidavit must be approved by the title company before recording in the county deed records where the decedent owned the property or where the decedent last resided. hashtag#sales