Affidavit of Heirship

Handling Affidavit of Heirship and Deed of Heirship Issues

Typically, when someone dies leaving property still titled in their own name, this property is permanently "stuck" in the name of the deceased individual. The property will almost always have to go through probate to get it "unstuck"- out of the deceased persons name, and transferred into the name of the living heirs. We at The Piatchek Law Firm, LLC, in Springfield, can help clients deal with these issues.

The above is the general rule that almost always applies. However, there is a limited exception involving real estate, that may permit the heirs to keep the real estate out of Probate, if the deceased has been dead for more than one year, and all the legal heirs are in agreement. There are several other contingencies or circumstances that also must occur to take advantage of this exception, and not all attorneys or title companies may know about this exception.

Contact us today at 417-882-5858 to set up a confidential consultation to discuss your Affidavit of Heirship concerns with a Springfield, Missouri, lawyer at our office.

Rules that Apply to the Exception

This exception is often referred to as an "Affidavit of Heirship," "Deed of Heirship," or "Deed by Heirs," or may go by other names. Here is the list of rules that apply to this exception:

• Real estate is titled into the name of deceased individual;
• The deceased has been dead more than One (1) year;
• No Will has been admitted to Probate within One (1) year;
• No probate estate has been open, commenced, or administered;
• All of the legal heirs (as specified under Missouri Law) are in agreement and willing to cooperate.

If you qualify for this exception to the general probate rules, our attorney will prepare the necessary paperwork, and it will need to be signed by all parties and their spouses (if married), and the papers will need to be filed in the County Recorder's office where the property is located. Once this is done, the real estate has been transferred to the heirs, probate free, and the heirs or grantees can do what they wish with the property.

Affidavit of Heirship Attorney in Southwest Missouri

If your situation fits the above circumstances, or if you have questions about property titled into a deceased individuals name, please contact our offices. If you aren't sure, or have questions about the probate process, or want to know how to avoid probate if possible, contact us at The Piatchek Law Firm, LLC anytime. You can talk directly with our attorney, who should be able to answer your questions and guide you through this sometimes difficult process.

This process does not always have to be difficult or complicated, especially with knowledgeable counsel at your side. We want to want to resolve your probate and real estate situations as simply and quickly as possible, and we know you want the same. We will do our best to assist you in accomplishing this goal.

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