Q: Only child & both parents dead. Land in Walton county in mom's name only thing left in estate. Do I probate to sell?
Parents divorced over 40 years ago. Father passed @ 10 years ago in GA. Mother lived with me briefly then passed @ 5 years ago in TX. Vacant land is only thing in estate. No outstanding bills etc. Although land is still in mothers name, I have continued the upkeep and paid taxes. I am ready to sell the land. Do I need to go through probate.... if so, in Texas or Georgia?
A: If there are two witnesses who can testify to your mother's heir(s), you can file an Affidavit of Heirship in the county deed records. However, courts will not enforce an Affidavit of Heirship until five years have passed with no one complaining that it is inaccurate. Talk to the title company.
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