If my parents died without a will, how can I sell their house? Hi, it’s Nick with Sell My San Antonio House. So if your parents passed away and they owned property, you’d like to sell it, but you know they didn’t have a will to help transfer that property from them to probably you as the kids. A will is not required to sell the property, but when someone dies without a will, or what’s sometimes called as passing away intestate, then the property will transfer to the legal heirs, and there’s certain steps that they take. So first it’ll go down to the children, and if they didn’t have any children, well, then it would go up to their parents if they still have living parents. If they don’t have any children and they don’t have living parents, that can go out to their siblings.
There’s a whole order that it goes through. But in order for those people to be able to sell the property, what you usually need to do is Affidavits of Heirship. Affidavits of Heirship are, basically you’re outlining the people who own the property, who all would be the heirs and are those heirs living, are they not? And then you’ll have people sign them under oath as witnesses that what you’re stating is true. So if you need Affidavits of Heirship or you think you do, should you just run out and go get them made? Probably not. You can absolutely talk to an attorney, and if you have questions, we’re always going to recommend that you speak real estate attorney when it’s regarding real estate. But if you’re going to sell that property, you’re probably going to close to a title company. And that title company is probably going to require certain things be in there, Affidavits of Heirship, in order for them to grant clear title.
So most of the time, you can contract that property, you wouldn’t have sold the property yet, you’ll contract the property. You’ll take it to the title company, the title company will research, and say, “We need affidavits for this person, this person, this person,” however many are needed. And then they will get all the information. They usually work with an attorney who can help you create them, and then you can have them signed and then you’d be able to legally sell the property having documented clear title from the people that passed away to whoever would be the legal rightful heirs at this current time.
I hope that helps. If you need to create some Affidavits of Heirship, you have questions about selling inherited property, always reach out to your look real estate attorney. If we can do anything to help you, we do purchase a lot of inherited property, so we do have some knowledge on the subject. Give us a shout, 210-201-6644, or find us on the website sellmysanantoniohouse.com.