Posted on: 14th Aug, 2010 08:33 pm
Can an individual who is the sole heir to an estate use a warranty deed to transfer property ... property is in his mother's name, but she died 10 years ago without a will? An attorney told me that the heir can obtain and affidavit of heirship and then use a warranty deed to transfer title to me thus avoiding probate.
Welcome gigi,
The attorney has given you the correct information. As the property is in the mother's name, the individual needs to file an affidavit of heirship at the county recorder's office and get it transferred in his name. If the property is free and clear of any liens, then the individual can use a warranty deed to transfer the property to you.
The attorney has given you the correct information. As the property is in the mother's name, the individual needs to file an affidavit of heirship at the county recorder's office and get it transferred in his name. If the property is free and clear of any liens, then the individual can use a warranty deed to transfer the property to you.