Losing a loved one is always difficult, and it can be especially challenging to navigate the legal process of inheriting their property without a will. This guide will provide you with information on the rules of intestacy, the distribution of property, and the steps to take to transfer ownership of the property.
- Understand the Rules of Intestacy When someone dies without a will, their estate is distributed according to rules of intestacy determined by the state in which they lived. In Texas, the rules of intestacy are determined by the Texas Probate Code, which determines the order in which an estate is distributed to surviving family members. Familiarize yourself with these rules to understand who is entitled to what.
- Determine Separate Property vs. Community Property If the deceased had a spouse, it’s important to determine whether their assets are Separate Property or Community Property. Separate Property is any property owned by the deceased prior to being married, while Community Property is property acquired during the course of the marriage. The rules for the distribution of these two types of property differ, so it’s important to know which type of property you are dealing with.
- Prepare an Affidavit of Heirship An affidavit of heirship is a legal document that establishes who the rightful heirs to the property are. It includes information on family history, genealogy, marital status, and the identity of the heirs. Title companies usually require an immediate family member and two disinterested parties/witnesses to sign and notarize the affidavit. This document is crucial in establishing ownership of the property.
- Prepare the Deed Once the affidavit of heirship has been prepared, the next step is to prepare the deed and transfer ownership of the property to the heirs. Both the deed and the affidavit of heirship must be filed in the county records. Once these documents are filed, the property can be sold.
Inheriting a property without a will can be a complicated process, but with the right information and support, it can be manageable. At Big State Home Buyers, our in-house Title experts work directly with the Title Companies and interface with family members to make the selling process as simple as possible. We also prepare the necessary documents at no cost to sellers. Contact us for assistance in navigating the process of inheriting a property without a will.
