Troy, MI asked in Real Estate Law and Probate for Arkansas

Q: My father passed away in Texas, but had land in Arkansas. How do I get that land in our name? What form do we need?

My father passed away without a will. He was with someone for 30-years, but not technically married. The only surviving blood is my brother and I. Things have been great with his partner, and we agreed the Arkansas land would go to us. This went through probate in Texas and was approved (among other financial things). I called the Nevada County Circuit Clerk (Arkansas) and she said I would need to get his death certificate and an Affidavit of Heirship recorded on file there. I did that, and then she said I needed to fill out a Quit Claim Deed. However, I looked into this and it seems that is only applicable when a Grantor is alive. She then backtracked a little and said "fill out whatever form is needed in this situation". Great, thanks haha.

With that in mind, what should my next step be to get our names on the title? We have documents showing this having gone through probate. Is this something I can do myself or is a lawyer needed? Thank you for any help!

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1 Lawyer Answer
Anthony M. Avery
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  • Probate Lawyer
  • Knoxville, TN

A: If your Affidavit of Heirship is correct and recorded, then use it as the source of title for the deed grantors. Their title source is placed in the derivation of title clause, then executed by the grantor heir over to the heir who will own it in fee. Hire an AR attorney to draft and record that deed. If the AH is not correct, execute/record a corrected AH. The attorney needs to confirm heirship.

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