Dallas-Fort Worth Real Estate Investor Club

I have an opportunity with a property that is being held in the estate of a person that has died. She died without a will. One of her kids (who is a grown adult) is living in the house and has not kept up on paying the taxes. The title is being held under the ‘Estate of’.

I have used an affidavit of heirship before but it was a different scenario. In that case it was a husband and wife and the husband died without a will, they were both named on the title, they had no descendants and he had no siblings. She was the one and only heir. When I purchased the property I had to file the affidavit of heirship before we could close the loan.

This time there are multiple descendants, married and they also have descendants. I know I will need the affidavit of heirship but I believe that it needs to be on file for five years before I can get clear title. I buy and hold so the five years does not concern me much except that I would be unable to finance the property until the title clears.

I hope that someone out there has some experience with this that could share on this topic.

This one is difficult, with an affidavit of heirship you would to have everyone determined to be heirs agree to convey the property to you, this would be done by having them sign deeds. Most title companies have a view that they can't accept an affidavit of heirship unless the party who is deceased has been dead for at least four years. This view is based on the need for an estate to file federal estate tax returns. 

I would have a title run done to see who title believes is vested and then go from there. Once you have determined that, you are free to give me a call.