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In this article, I will explain everything you need to know about selling a house without probate. We will also look at how probate works, how you can sell a house before and without probate and how Affidavit of Heirship, Small Estate Affidavit and Judicial Determination of Heirship work.

But, first thing’s first.

What is a probate?

First, let’s look at what a probate sale means.

The dictionary identifies several meanings of the word probate, however, in our case, it’s a method of administrating a property after you die.

Probate is used to transfer your property in an orderly matter.

Is selling a house without probate possible?

Yes. Your will determines the transfer of your estate during a probate. If you don’t have a will, the transfer is decided by the laws of your state – and that’s when you are able to avoid probate. In this article, I define 7 ways you can avoid probate and sell your house fast.

How does a probate work?

N. Brian Caverly and Jordan S. Simon defined four processes to a probate:

• Swearing in your personal representative
• The public and heirs are notified you are dead
• Your property goes through inventory
• Your estate is distributed

So how can I get away with selling a house without probate?

Selling a house without probate is a lot easier than you think.

A real estate agent might often tell you that your house cannot be sold unless it’s probated. They are WRONG.

Selling a house without probate is possible and it is, in fact, very common.

SFgate identifies four ways of selling a house without probate:

Trusts

If you’re lucky enough and the decedent placed his property in a living trust, you will avoid probate. If you are named as a trustee, you are able to sell the house without probate court approval.

Jointly Held Real Estate

In California, joint tenancy is free of probate. If you are the executor and the co-owner of the property, you are also free of probate and have full authority after solo ownership.

Independent Administration of Estates Act

Independent Administration of Estates Act doesn’t really avoid probate, at least not completely. Instead, you are able to avoid probate under specific circumstances. 90% rule applies – as the executor, you can sell the house for at least 90% of its value. However, you must give notice to those interested in the property and get an approval from the court. This is bypassed if the deceased clearly states that you are solely responsible for the property after his or hers death.

Summary Probate

Properties of a smaller or limited value can be appraised and filed for a smaller affidavit instead. Depending on the state, these values may differ.

Do you live in Texas?

Here are three more ways you can sell a house without probate in Texas.

Affidavit of Heirship, Small Estate Affidavit and Judicial Determination of Heirship

Affidavit of Heirship

You can use Affidavit of Heirship when your loved one died and didn’t leave a will, however, you are still left with a property.

In the case of no will, the probate is not needed. Just file the Affidavit of Heirship and sell your house FAST.

The Affidavit of Heirship requires two witnesses who must swear under Oath. The two witnesses must:

• State they knew the deceased
• The date and place of death of the deceased
• The relations to the deceased
• A statement of the deceased’s debts
• A statement that they will not gain financially from the property.

Small Estate Affidavit

The Small Estate Affidavit is filed in the same country in which the Decedent resided during the time of their death.

Along with the same information as was stated in the Affidavit of Heirship, the witness must also provide signatures of all heirs and two objective witnesses.

Please note that this option will only avoid probate if the property value is less than $50,000.

Judicial Determination of Heirship

If the deceased hasn’t left a will, Judicial Determination of Heirship can also be applied. In this case, the court acts in charge and determines the heirs, which can often resolve in a distribution of the property among these heirs.

Out of the three options, the Judicial Determination of Heirship is the most time-consuming and the most expensive. You will have to file an application with the Probate Court, the Court will appoint an attorney who will investigate the identity of the heirs and schedule a hearing once the procedure was done.

When someone dies without leaving a Will, the Court can conduct a formal Determination of Heirship. During this process, the Court will make a formal declaration as to the identity of the Decedent’s heirs. Pursuant to that declaration of the heirs, the Decedent’s property can be divided and distributed among the heirs.

Ready to sell?

Matt Buys Houses TX, located in San Antonio, will give you a cash offer on your property in less than 24 hours of making a request. As a bonus point, your property can be sold in less than a week.

We buy houses in the San Antonio area. If you need to sell your San Antonio area house fast and would like to get a no-obligation cash offer, call us now at 210-596-9669. Whether you decide to sell your house to us or not, Matt Buys Houses TX would like to help answer questions you might have about the process.
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Wondering what is a Texas affidavit of heirship? In this article, I’ll explain what it means and how it’s used to sell an inherited house when a will does not exist. I will also provide you with several affidavit samples you can use to draft your form.

What is a Texas affidavit of heirship?

A declaration and an identifier of the heirs of a deceased person. As simple as that. With an affidavit form, you are able to claim the ownership of a property as well as vehicles – in fact, it works for any personal property, regardless of its size or functions. Texas affidavit of heirship estates code  form is your ticket to selling a house FAST, without a will. Freedom is waiting for you!

When do you use it?

Let’s say a family member or your loved one has passed away and left no will. You think a personal property belongs to you, but how do you prove it? Texas affidavit of heirship estates code allows you to prove ownership without having to go through probate, as long as you are able to distribute the personal property between other possible heirs if such exist.

Here’s how the state of Texas deals with affidavit cases and what the witness must know before filling the form:

• The deceased person’s name and his or hers date of death.
• Family names and names of all heirs.
• Any outstanding debts of the deceased.

What goes in the affidavit of heirship form?

Here are some things you must include in your form. These things might be different depending on each state – please make sure you visit sites such as LegalMatch to get full information on your state’s laws.

SupremeCourtBC identifies 7 parts to the form:

1. Style of proceeding
2. Deponent’s statement (“deponent’ is the person making the affidavit)
3. Knowledge statement
4. Body of the affidavit (this is the most important part of the affidavit)
5. The affidavit ending
6. Exhibits
7. Backing sheet

Yes, but what do they mean?

Let’s look at them closely.

Style of Proceedings

Style of proceedings is located on the first page of all legal documents. The first thing you absolutely have to do is state the business as well as the file number and court registry name.

The top right corner must include the affidavit number, deponent’s name and the date. You must also make sure to clearly swear under oath that you are telling the truth.

Deponent’s Statement

Deponent’s statement includes your name, full residence, occupancy (those who are retired or not working at the moment, must state that in the form as well) and your oath.

Knowledge Statement

As much as the term might sound confusing, the knowledge statement simply provides the judge of confirmation – you know what you’re talking about and acknowledge all information in this form. You must also state your business – are you the defendant, respondent, petitioner or plaintiff?

Body and ending of the affidavit

The body is the most important part of the entire form, however, it should be kept simple, organized and short. Your judge will be as equally impressed if you are able to express your needs in the simplest way and keeping it simple also means less work for you.

To keep your affidavit organized, stick to a chronological order – the judge will clearly see the timeline of events and will be able to make the decision easily.  Make sure you use a person’s name instead of using personal pronouns.

And, of course, keep it short. Having a long affidavit means the judge will take longer to process all necessary information – edit it down as much as possible, but still ensure everything needed has been said.

MY TIP: Speak to your lawyer. They will tell you what you should add in and give you sound personal advice that will work for you.

Exhibits

This is where your letters and important documents go. Your exhibits must be alphabetised instead of numbered – exhibit 1 becomes exhibit A, exhibit 2 becomes exhibit B, and so on. These letters are best to be put in the middle of the page. You must also include an exhibit stamp, which you can get at most law firms – do this after you see your lawyer.

Backing Sheet

Here’s what you must include in the backing sheet: the style of proceedings, the description of the document and your name, your address, email address, your phone number and your fax number, if applicable. Please note that a backing sheet is optional, however, it will help the court file your document and not lose it.

Do you have some samples of the affidavit of heirship form?

To make sure your form is effective, please refer to the steps above – I can guarantee these tips will help you when you’re dealing with selling an inherited house without an existing will.

Here is a sample extract, fully available on FormsBirds:

“I,   (INSERT NAME)  of lawful age, residing at   (INSERT RESIDENCY) , being first duly sworn, upon oath deposes and says: That affiant was personally well acquainted with the above-named decedent, during his (or her) lifetime, having known him (or her) for years, and that affiant bears the following relationship to said decedent, to-wit..”

There are different ways to write your form. Here is another sample extract, fully available on Vernon E. Faulconer, Inc.

(YOUR FULL NAME) , whose address is (INSERT RESIDENCY) hereinafter referred to as “Affiant,” being of lawful age and being duly sworn, upon oath deposes and says that (s)he was well acquainted with  (THE NAME OF THE DECEASED), hereinafter referred to as “the Decedent,” and that the answers and statements given in the following questionnaire are based upon (YOUR FULL NAME) personal knowledge and are true and correct:

Depending on where you live, Texas affidavit of heirship might require a waiting period, which can sometimes take up to a year after the death of your loved one. Please make sure you fully speak to your lawyer who can help you figure out what the laws of your Texas affidavit of heirship is.
 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Selling a House Before Probate

Many residents of Texas find themselves looking for information about selling a house before probate. This is either because they have inherited a house through a will or have been named as executor in this document.

This is a situation that raises the need to find answers to several important questions. One of those important questions is “can you sell a house before probate is granted?”

Can You Sell an Inherited Property Before Probate?

Individuals who ended up with an inherited home often can’t or don’t want to keep it. It could be their parent’s home where both parents are now deceased. One option is to put the house on the market but the question is, “can you sell an inherited property before probate?”

If a will exists chances are a family member who is close to the deceased is aware of this important document. It may be that a particular person is named as the executor in the will. The executor has the duty and obligation to see that the last wishes as outlined in the will are fully carried out. If a property is involved in the estate, such as a house, this most likely will have to go through a probate process.

Individuals who have inherited a house may not realize that it has to go through a probate process. They may attempt to put the house on the market for sale. If they use a Realtor to attend to this, an experienced agent will know that the house must go through the “selling a house before probate” process. This is in order for a sale to be legal.

The probate laws are in place to ensure that the wishes of the will are carried out as intended. This is the main reason why selling a house before probate is not allowed in many states.

Luckily, in Texas there are some controlled exceptions to this. There is an alternative to going through the standard probate procedure. This is using a process called “Muniment of Title”. This is applicable when a will was left but there were no debts secured by real property. This alternative process is done by validating the will in a local county court. Once this court has approved the validation, property titles can be transferred to the beneficiaries.

There is also an alternative that should be looked at in Texas. This is for those who are looking at selling a house before probate. This is called Affidavit of Heirship. This can be utilized if the property in the estate only amounted to real property, i.e., a house or houses.

With this process, the property titles are transferred to the heirs. It involves two individuals who have nothing to gain from the estate sign the affidavit. Once this is done this document must then be filed with the deed record department in the local county where the house is located.

Can You Sell A House Going Through Probate?

The next question that often is raised is can you sell a house that is already going through probate?

It may have been discovered that selling a house before probate is not allowed in many states. It is important to really know the laws of the state in which the house resides.

In Texas for example, the answer to the question of whether you can sell a house going through probate is yes. There are specific steps that must be taken in order for the sale to be legitimate.

Getting a property appraisal

The property has to be appraised by an independent certified appraiser. Often an experienced realtor in probate sales will be able to recommend one.

Getting the petition

For the probate petition, it requires some information to be filled in. This applies to both selling a house before probate and selling one during probate. This includes all the details that pertain to the proposed sale. You may also have to outline the method in which the home will be sold. Once completed properly and submitted to the courts you then have to wait for court approval. A sale before this petition will not be considered valid.

This answers the question can you sell a house before probate is granted. It also shows that when it comes to Texas like the other states there are specific rules that must be followed.

Putting the house on the market

Potential buyers must be told that a sale can only be finalized after court confirmation.

Court Confirmation

Buyers will have to obtain confirmation of the sale from the court handling the probate case.

Local Newspaper advertisement

The public must be informed about the sale that has taken place during the probate period. This is done by running an ad about this in the local newspaper.

Can An Executor Sell A House Before Probate?

Individuals who become an executor  may find different types of property that need to be dealt with.

They first have to understand what their role as executor is.

Being an executor doesn’t mean this individual inherits any of the property. Sometimes an executor is named by the deceased. At other times may be appointed by the courts.

In most cases, probate is needed. If so then the executor or executrix must attend to this either doing it himself or retaining a lawyer to do it.

One of the questions raised by an individual with this responsibility is, “can an executor sell a house before probate?”

It may be that the inheritors of the will want the sale of the house done quickly so they can receive their share of the sale that was allotted to them through the wishes of the will.

Throughout most states, the probate rules and regulations are pretty much the same. There are some differences that do exist in some of the states about selling a house before probate.

Texas for example, is considered to have easier rules to adhere to when it comes to probating.

In Texas, the will can direct the executor to go after independent administration. This makes the process much easier. It gives more freedom to the executor outside of the control of the court.  If this is granted the executor does not have to ask permission from the court to sell the house named in the will.

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Sell Your House to a Cash House Buying Company

Another option is to sell your house to a house-buying company. This gives you the best of both worlds! You won’t have to worry about any repairs, you save on commission costs and you can receive a quote in just 24 hours.

Matt Buys Houses TX gives you a cash offer within one day and you can close it whenever you want. Your house can be sold in a week!

If you need to sell your San Antonio area house fast and would like to get a no-obligation cash offer, call us now at 210-596-9669. Whether you decide to sell your house to us or not, we would like to help answer questions you might have about the process.

 

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Introduction to Probate on a House in Texas

If you have inherited a house, or became an executor/executrix of a will, you need to know what probate on a house is? This is a legal process.

Probate on a house is intended to prove that the will outlines the last wishes of the deceased. If claims against the will arise they will be dealt with through the probate process.

Probate on a house is carried out through a probate court. This court determines if the will is valid. It also verifies the executor has the authority to carry out the wishes of the will. It also gives authority to the executor or inheritor to conduct the probate house sale process if desired.

Probate laws can vary amongst the different states, but usually have much in common.

There also can be some differences. It is important that real estate agents in Texas, or any other state, involved in this type of sale understand these laws.

Selling a House in Probate Decisions

Often the individual who has inherited the house has some mixed emotions when it comes to selling the home.

It could be that it is the home that they grew up in. Now that the parents have passed there is no need for the individual who inherited it to keep a second home.

Still, having to sell the house can be difficult because of the emotional attachment. Then having to go through a probate case, which is a legal undertaking, adds to the stress.

During this time, it is important to be able to rely on the right professionals. They can walk you through the entire process with as little stress as possible. You will need a probate lawyer to handle the probate legalities.

Then you should also rely on a Realtor that has experience with probate house sales.

If you prefer to sell the house quickly, you should get an offer from a local house buying company.

The Probate House Sale Process

The process of probate on a house determines the authority to handle the probate house sale process.

If there is a will then the probate courts determine the authority according to the will.

Without a will then it will be the person filing for probate, or an Administrator volunteer. During this process, those involved must deal with the person who has authority to sell.

First, the probate on a house legalities are attended to. Then the selling a house in probate format is basically the same as any house sale.

The main focus has been on the title issues because of the owner’s death. Now standard sales issues have to be addressed if there are any. These include issues with easements and encroachments.

Or, there could be problems with encumbrances and mortgages that need to be dealt with.

Just like with any standard home sale any repairs that are needed should be attended to.

If this is not possible, then when determining the sale price this should be taken into consideration.

The need for repairs could become a concern during the home inspection. There is a lot to be considered with the probate on a house process and its sale.

Setting the Selling Price for the House

As with all laws, there are acts that dictate how they must be applied. It is the executor who sets the asking price for the house.

This is in accordance with the Administration of Estates Act.

This individual will have the experience of knowing what the house is worth. His opinion will be based  on the current market value for the home. This will be according to comparable value to other homes in the area and its current condition.

Once the price has been agreed upon, it is then listed with a Realtor, or sold to a cash home buyer. This is all just part of the probate house sale process.

Marketing the Property For Sale

A Realtor that is experienced with probate on a house legalities will see that everything is in order. This is done before marketing the property. The marketing process for selling a home in probate is done the same way as any home sale.

Advertising, signage, and multiple listing opportunities will be taken advantage of. The agent will also schedule and attend to the home showing appointments.

If you’d rather avoid going through all of this, you can skip it by calling us to get a no-obligation cash offer to buy the house as-is. Call us at 210-596-9669 today and we can get you an offer within 24 hours.

Offer acceptance

Any offer that is being considered must be at least 90% of what the Probate referee has appraised it at. If this is the case, then negotiations can continue.

A Notice of Proposed Action has to be mailed to the heirs. This is if the offer has been accepted. This is in compliance with the probate selling laws.

Objections must be filed within fifteen days. If they are not, then no court hearing will be held.

Notice of the sale may have to be published in a local newspaper. This is if the executor or Administrator does not have full authority under the IAEA. The same applies if there has been an objection by one of the heirs.

The estate lawyer will apply for a court date for the sale execution.

Probate on a house has a lot of rules that must be followed and the process can be time-consuming, but if it is handled by the right professionals, then in most cases it goes smoothly.

Avoiding Probate on a House

If you end up with a house inheritance and have to deal with a probate house sale process, it may get you thinking. You may be worried about your personal situation. You don’t want to put your loved one through the same stress of selling a house in probate.

Avoiding probate on a house in Texas can be accomplished with some preventative measures. Instead of looking at leaving the standard type will take a look at writing a Living Trust. Your house and other assets are left to a trust. This puts a trustee in authority over them, on behalf of the beneficiaries. This way the house will not have to be probated because it has already come under the authority of the trust.

Another advantage of using the trust is that it eliminates the cost of having to go through a probate. This is a big advantage. Often the fees associated with the probating of a will are based on a percentage of the entire estate.

These are all important factors that you will want to consider when you are seeking out the answers to the what probate on a house is in Texas question.

Summary

When you are involved in a probate on a house you should first begin to fully understand what it entails. Then know which professionals are going to help you the most. Choose experienced experts that can help you through the entire selling a house in probate process.

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Sell Your House to a Cash House Buying Company

Another option is to sell your house to a house-buying company. This gives you the best of both worlds! You won’t have to worry about any repairs, you save on commission costs and you can receive a quote in just 24 hours.

Matt Buys Houses TX gives you a cash offer within one day and you can close it whenever you want. Your house can be sold in a week!

If you need to sell your San Antonio area house fast and would like to get a no-obligation cash offer, call us now at 210-596-9669. Whether you decide to sell your house to us or not, we would like to help answer questions you might have about the process.

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.

Inheriting a house is a bittersweet experience. While you’ve gained new property that can drastically improve your standard of living, you’ve also lost a loved one. Making rational and financially sound decisions while you’re grieving can seem impossible, especially if you’re inheriting a house from a parent.

Yet, with knowledge, guidance, and a little planning, you can make positive life changes in the wake of a heartbreaking loss.

Inheriting a House

When you inherit a home you’re suddenly faced with a multitude of questions you may not be prepared to answer. How do I claim my inheritance? What do I do with the property if it’s in poor shape? Should I move into my loved one’s home, or should I sell it?

Be prepared to commit to many financial and emotional decisions you make when inheriting a house.

Obtaining your inherited property is a straightforward process but can seem overwhelming to those not familiar with it. Before deciding what to do with your inherited house, the estate must go through probate.

Probate is the legal process for settling an estate, usually involving lawyers and other seasoned professionals to help transfer assets and pay off debts. Most states allow a summary probate to occur; this is an expedited process that avoids litigation.

However, that option is for smaller estates – those not exceeding more than the state laws allow. Many estates with property exceed the proposed maximum and must suffer through the regular probate process.

After your inherited property passes probate, it’s yours to do with as you will. But what should you do when inheriting a house? Most heirs have three options: move into the property, transform it into an investment property, or put it on the market. Although all options can be beneficial to a benefactor, evaluating your inherited property will allow you to choose the best one for your financial future.

Moving into an inherited home appeals to many heirs. The property can hold sentimental attachment if you’re inheriting a house from a parent. You also might want to hold onto the property if you’re already a renter and the inherited home is an upgrade to your current residence. However, moving into your loved one’s home isn’t a realistic option to those already paying a home loan, or happy with their current house.

Inheriting a house that is paid off might lead some heirs to travel the rental route. This happens a lot when it comes to houses inherited in San Antonio.

Renting out property can often generate income. But the expenses of maintaining a rental can be overwhelming to new landlords.

Not only do landlords pay for the upkeep of the property, they often need to update an inherited home before renting it out. Old homes can seem outdated to potential renters, so placing a tenant in your inherited home might isn’t guaranteed. Unless you’re willing to take a major risk, the reward for converting your inherited home into a rental property isn’t worth the headache.

Inheriting a house and selling it may be your best option after the initial home evaluation.

Just be careful of the unknowns.

Selling the property not only allows an heir to pay off any debts accrued by the decedent, it also gives the heir freedom from making major repairs that can be costly. If the property needs too much work, selling as-is to an real estate investment firm offers a speedy resolution to a money hemorrhaging home. Getting an inherited home into selling condition might take time, but it offers the smallest amount of risk with the biggest reward.

 

Inheriting Expenses

Inheritance comes in all shapes and sizes. Along with a home, your loved one can leave almost anything behind in a last will and testament: family heirlooms and collectibles, vehicles and motorboats, and sums of money. But did you know the decedent can leave behind unexpected expenses too?

Most heirs don’t realize that inheriting a house and taxes go hand in hand. Although state tax rules and exemptions fluctuate, expect to pay a little something to Uncle Sam once you claim an inherited property. Heirs benefit from a stepped-up basis; they inherit the home at fair market value at the time of the decedent’s passing. This means you’re only taxed on the home’s appreciation after inheriting it. If you make minimal improvements to the property and sell it quickly – with a home buyer for instance – you may avoid a capital gains tax altogether.

What about inheriting a house with a mortgage? Does an heir assume those expenses when claiming the property? The short answer: you only assume a mortgage on an inherited home if you decide to move in or rent it out. If you decide to sell the property during the probate period or soon thereafter, the mortgage can be paid off with the profit of the sale.

On the other hand, if you’ve decided to keep the house, you must transfer the mortgage over to your name and continue payments within the lender’s specified time frame or risk foreclosure. Sometimes an added home loan payment helps heirs choose to sell their inherited house.

Even if an heir decides to sell an inherited home, the property still requires paying for even more expenses. Until the house is sold, expect to pay property taxes, liability insurance, utilities, and general upkeep for maintenance monthly. Unless you have money saved to keep your loved one’s home, these financial burdens can be devastating. Inheriting a house and selling it might be the best option for a property that costs too much to manage.

Inheriting with Siblings

Managing an estate can be complicated when doing it alone. Inheriting a house with a sibling can be much more difficult. If all heirs agree on what to do with the property, the process can be smooth. But what do you do when you and your siblings cannot compromise?

All assets must be divided evenly when inherited to multiple people. This includes property. If the decedent leaves a home to more than one heir, each heir has equal rights to the property. These joint-heirs are considered tenants in common. While each sibling owns a percentage of the property, they’re all entitled to use the entirety of the home. This can be an ideal situation for amenable heirs, but what about siblings that aren’t willing to share?

“Get all the options out on the table with family members,” offers Richard Koreto, contributor to realtor.com’s blog, House Logic. “There may be a creative solution” to an heir disagreement. If a compromise cannot be made, judicial action can be taken but is not recommended. It’s divisive, expensive, and time-consuming.

Losing a family member is emotionally draining. Processing your loved one’s will and sifting through legal documents can add stress to an already anxiety-inducing ordeal. But understanding the litigation and knowing your options might alleviate some of this stress. Inheriting a house in San Antonio, TX doesn’t have to be another financial burden. With the right guide and careful planning, you will know how to handle your loved one’s property with ease.

We Buy Inherited Houses in San Antonio, TX

Matt Buys Houses TX buys inherited houses in San Antonio, TX and can make you a cash offer within 24 hours. You can sell your house fast…really fast. We can close within a couple days if needed. Give us a call today at 210-596-9669 to find out what we can pay for the house. There is not cost for us to make an offer and no-obligation. Why not find out if this option is the right one for you?

The information presented in this article is for educational purposes only and should not be considered legal, financial, or as any other type of advice.