Greenwood, SC asked in Estate Planning, Real Estate Law and Probate for South Carolina

Q: How to get a clean title?

7 adult siblings were deeded the home house (1/7th interest each). 2 have died with nothing to probate so probate was not filed for them.

Home house is now in foreclosure. Bank has approved short sale. 1 of the deceased (in 2016) has 2 heirs and the other deceased (in 2020) has 5 heirs. Since there is no "real" inheritance how can the other 5 sell the home and give a clean title to the new owners? Will the heirs still need spend the money to file probate just to get their parent off the deed even though they will inherit nothing?


The home house is in foreclosure. The bank has agreed on a short sale because the siblings owe more than the home is worth, so they won't make any money from this sale. A buyer wants to buy the home house using conventional financing and we know the bank won't lend money without the title being clean. How can the siblings sell the home?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery
  • Estate Planning Lawyer
  • Knoxville, TN

A: A competent attorney can draft and record an Affidavit of Heirship which discloses to the world who the Heirs-At-Law are. I am not following your foreclosure process: are the Heirs selling the home with the money going to the Bank with no foreclosure? If true, then the Affidavit will be the source of title for the Heirs and should be recorded then cited in the derivation of title clauses of the Deed.

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