Expert: liznarr - 9/17/2009

Question
My father died 4 years ago and left no will, his house was paid off and has been empty all these years.  My brothers and sister have agreed to sell the house to my for $10,000 each a total of $30,000.  What form do I need to change the deed at the courthouse.  I asked the county clerk and she said that Affidavit of Heirship was needed but the forms are only to declare heirship not necessarily the property.


Answer
Hi Kathy,

I don’t know what state you are in or what your specific laws are regarding inherited property; but from the answer you received, it sounds like your Father’s estate has not yet been probated.  

The basics, however, are that when you inherit property, there is a process (usually through a Probate Court) that has to be followed to first transfer ownership through the inheritance, Will or no Will intact.  This is probably the first step, and what the county clerk was referring to when she told you the Affidavit of Heirship is needed.

AFTER the Probate process has been completed, you then need to have your brothers and sister, individually, prepare a deed transferring their portion of ownership to you.  Usually a title company or attorney does this.

I hope this helps.  Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth