Q: My husband passed away going on three years ago. He had a home when we married. He adopted my son and he had three
Daughters. No will left. Trying to sell home. Have Heirship papers but daughters don’t want to sign. What can I do. It’s up for auction sale very soon due to foreclosure.
A:
An Affidavit of Heirship is signed before a notary by two witnesses who know the family composition and do not stand to inherit and then recorded in the deed records of the county clerk in the county in which the real property is located.
An Affidavit of Small Estate is signed before a notary by each heir and two witnesses who know the family composition and do not stand to inherit and submitted to the court where the decedent died or had real property.
If neither of these will do (for example, because there are debts not secured by a lien on real property), ask a local probate attorney to help you file an Application for a Detemination of Heirship and Letters of [Independent or Dependent] Administration. Whether the administration can be independent of court supervision depends on whether all the heirs agree to this and whether all of them are adults.
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