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Affidavit of heirship

Posted on: 05th Dec, 2008 03:58 pm
my mom died without a will in El Paso County Texas. I am her only child and she was not married. Can I transfer title with an affidavit of heirship?
Hi gsusavz!

Welcome to forums!

Yes, you can definitely file an affidavit of heirship in the county recorder's office and get the property transferred in your name. If you want, you can also take the help of an attorney.

Feel free to ask if you have further queries.

Sussane
Posted on: 05th Dec, 2008 07:53 pm
No. You must prepare and file an Affidavit of Heirship with the county Probate Court. A judge will sign an order giving you title to the property.
Consult with a local probate attorney or check with the court clerk's office about the procedure.
Posted on: 06th Dec, 2008 09:25 am
My mother died without a will. She was married to my stepfather. The property consisting of a home and business remain in her name. An Affidavit of Heirship was filed in 1995. Our lawyer tells us that the property is mine. (We live in TEXAS) Your opinion?
Posted on: 15th Feb, 2009 08:20 am
Hi S. White,

You've mentioned that the property remains in your mother's name. But, did your mother ever quitclaim it to your stepfather? Do they hold the title together?

If the answer is 'no', then your lawyer is correct. After your mother's death, you are the owner of the property now.
Posted on: 16th Feb, 2009 01:52 am
MY GREAT GRANDMOTHER LEFT NO WILL AND I HAVE HAD A HOUSE ON UNDIVIDED PROPERTY FOR 17 YEARS. WHAT IS MY LEGAL RIGHTS
Posted on: 22nd Apr, 2009 06:12 pm
Hi

Is the property still in your grandmother's name? If so, then you should have filed an affidavit of heirship with the probate court so the title could have been changed in your name. If your name is not on the title, you may face difficulty if you want to sell the house or take a loan against it in future.
Posted on: 24th Apr, 2009 07:34 am
my mother passed and quitclaimed her home to me im in texas i have three brothers also who are not mentioned on the quit claim do they have any interest in this property i wanna sell it do they have to sighn off on anything
Posted on: 13th Jun, 2009 06:52 am
can i find an affidavit of heirship on line and print it. i don;t know where to get one.
Posted on: 18th Jun, 2009 07:13 am
My father died 2 months ago, my mother consulted an attorney over the home they both owned the attorney told her she needed a quick claim deed; when I called the county's clerk office they told me she needed an affidavit of heirship. We are confused which document does she really need?
Posted on: 28th Jul, 2009 12:45 pm
Hi,

To suzie,

I don't think an affidavit of heirship form is available online. It would be better if you could contact your county recorder's office for it.

Hi Lilia,

As your father is deceased, your mother would require an affidavit of heirship in order to transfer the property in her name. A deceased person cannot sign a quitclaim deed to transfer the property.

Take care.
Posted on: 29th Jul, 2009 01:50 am
my father passed away, but did not leave a deed. being that i am the only child, i was told by the recorder's office the i would need an affidavit of heirship. do i also need a quit claim deed in addition to this document?
Posted on: 31st Jul, 2009 02:37 pm
What is the statue of limitations on filing a civil suit, in the state of NV?
Posted on: 31st Jul, 2009 02:40 pm
Hi Debra,

You can simply file an affidavit of heirship in the county recorder's office and transfer the property in your name. You don't have to file a quitclaim deed again. As far as statute of limitations in Nevada is concerned, for written contracts it is 6 years and for oral contracts it is 4 years.

Thanks
Posted on: 31st Jul, 2009 11:39 pm
quit claim deed will not work. you need to submit death certificate along with affidevit of heirship to claim ownership on property.
Posted on: 01st Aug, 2009 09:16 am
My wife purchased a home before we were married. She never added my name to the title. We had 2 children before we were married. My wife passed away suddenly. Who owns the house?
Posted on: 31st Aug, 2009 02:54 pm
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