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Heirship Affidavit to provide to an insurance co for collection of the insurance amount.

Heirship Affidavit to provide to an insurance co for collection of the insurance amount.

Q: Can I sell a house with an affidavit of heirship?

Yes, you can sell a house with an affidavit of heirship, as it establishes the rightful heirs. However, the buyer's lender may require additional documentation, such as a title search or a small estate affidavit, to ensure clear title transfer. It's best to consult a real estate attorney to navigate the sale process smoothly.

Q: What is the general affidavit of heirship?

A general affidavit of heirship is a legal document that identifies the heirs of a deceased person. It is used to establish the heirs' rights to inherit property without going through probate. This affidavit typically requires notarization and may need to be filed with the county clerk or recorder's office.

Q: What is an affidavit of legal heirs?

An affidavit of legal heirs is a document that declares the individuals who are legally recognized as heirs of a deceased person. It is often used in estate matters to facilitate the transfer of assets without probate. This affidavit must be signed and notarized, and it may need to be filed with relevant authorities.

Q: Can you sell a property with an affidavit of heirship?

Yes, you can sell property using an affidavit of heirship, as it confirms the heirs' rights to the property. However, potential buyers may require additional documentation to ensure the sale is legitimate. Consulting a real estate attorney can help address any legal concerns during the sale process.

Full question:

I just ordered a Heirship Affidacit to provide to an insurance co for collection of the insurance amount 4k. There is no money in the estate, no real property. My mom passed away 13 days after my dad and the insurance co is requiring a Small Estate Affidavit whereas my mom's life insurance only requested a notorized affidavit. Wouldn't an Heirship affidavit suffice in this instance. My mom left a will and my brother is the executor - we have provided a copy of this to them.

Category: Wills and Estates
Subcategory: Small Estates Affidavit Law
Date: 04/07/2025
State: Texas

Answer:

Though the Heirship Affidavit should suffice (properly notarized, all affidavits must be), there is no point in fighting over it with the insurance company. Send the Heirship affidavit, and if they say you need to send something different, then send whatever they want. This is a fairly routine transaction and you just need to comply with their procedures.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens after an affidavit of heirship is filed?

After an affidavit of heirship is filed, it becomes a public record that establishes the heirs of a deceased person. This document can help heirs claim property, settle debts, or access financial accounts. However, the specific effects can vary by state. It's advisable to consult with a legal professional to understand how it impacts your situation.