DECEDENT WITHOUT A WILL
Several probate administration procedures are available for decedents without a will (intestate decedents). Please see below for a more detailed discussion.
Small Estate Affidavit
A small estate affidavit may be filed with the court when the value of all the decedent’s property (not including homestead and exempt property) is worth $50,000 or less. This procedure is useful for transferring title of the homestead and other assets such as stock certificates or bank accounts to legal heirs. The court approved affidavit serves to transfer title to the property and no administration of the estate is conducted under this procedure. Contact the offices of York and Associates to set up a consultation for your case.
Statutory Heirship Proceeding
A statutory heirship proceeding may be used in situations where the decedent’s property (not including homestead and exempt property) is worth more than $50,000 and/or in situations where the decedent owned a piece of land other than a homestead. The applicant wishing to follow this procedure must file an affidavit verifying that everything included in the heirship application concerning the decedent’s genealogical history is true and correct.
A court hearing will be held, which usually requires the presence of two disinterested witnesses to prove the alleged facts in the application. An attorney ad litem must be appointed to represent the interest of unknown heirs in the court proceeding. The court’s judgment will allow title transfer of the decedent’s assets over to the decedent’s legal heirs. For more information, contact the law offices of York and Associates and set up a consultation.
Probate under Independent Administration
Independent administration is also available when a decedent dies without a will and leaves an estate that should be administered, particularly if there are still a number of debts that could be paid from estate assets. If all the legal heirs of the decedent agree to an independent administration, the court will almost always allow an independent administration.
An independent administrator has several duties including the payment of estate debts out of estate assets. Once the debts are paid to the maximum extent possible, an affidavit is filed which has the effect of closing the estate. The affidavit serves as authority to legally transfer title to assets over to the legal heirs. Contact the offices of York and Associates to set up a consultation regarding your specific facts with Mr. York.
Affidavit of Heirship
This probate procedure is useful when the statute of limitations bars the use of another procedure, and where title to the decedent’s land needs to be transferred. A disinterested party may sign an affidavit alleging the genealogical facts of the decedent to ascertain the true legal heirs. Usually a title company will require at least two individuals to complete the affidavit.Once the affidavit is filed in the county deed records, transfer of the land title to the appropriate legal heirs can take place. Contact the offices of York and Associates to set up a consultation about your legal issues with Mr. York.
Should you have additional questions after reviewing this information about probate, Mr. York is available to answer any your questions. Please feel free to contact us at any time to schedule an appointment. We offer flexible payment plans based on your needs.