As purchaser of the property where will I begin have a warranty deed recorded?

Full question:

As heir/purchaser of one acre of land one of seven heirs' proceeded my mother in death is he still considered a legal heir? As purchaser of the property where will I begin have a warranty deed recorded?

• Category: Wills and Estates
• Subcategory: Probate
• Date: 04/07/2025
• State: Arkansas

Answer:

The answer will depend on all the facts and circumstances involved, such as whether there was a will, the names and type of ownership on the deed, the value of the estate, and state laws involved. In a will, the heirs may be specified to inherit property "per stirpes", which means that if an heir dies before the person making the will, their children will inherit their share. If this isn't specified in the will, the share that would have been inherited passes is distributed as part of the residuary (remainder) of the estate, according to the will's instructions for distributed such residuary property. I suggest you contact a local attorneywho can review all the facts and documents involved.

When a person dies, their assets are distributed in the probate process. If a person dies with a will, an executor is named to handle the distribution of the estate after a petition to probate the estate is filed with the court in the county where the deceased resided. In cases where the decedent didn't own property valued at more than a certain amount, the property may go through a small estate administration process, rather than the formal probate process.

To dispose of the real property interests of the decedent, the executor or administrator executes an executor's deed or fiduciary deed. For example, if a person who is a co-owner dies. the administrator of the estate can execute a fiduciary deed transferring their interest to the remaining owners. Joint tenancy property passes outside of probate; however, it may be severed so that the property becomes part of one person's estate and passes to that person's heirs. Each joint tenant has an equal, undivided interest in the whole property, and automatically will inherit the share of a deceased joint tenant by right of survivorship, without the requirement of going through probate.

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