By Lydia Blair
Special Contributor

When a person dies holding real estate in their name, the property doesn’t transfer to heaven. Some people think the situation can become quite the opposite. The process can be agonizing.

The owner who has died obviously can’t sell their home after they’re dead. The property cannot be sold until their name has been removed from the title. That can be a long and often complicated process. Often the heirs aren’t prepared to deal with the months of upkeep expenses, taxes, mortgage payments, etc. that come with the property.

There are usually two situations when selling an estate property. The owner died either with or without a will to designate their wishes.

If the owner died with a will, the heirs can take immediate action. The will can be entered into probate proceedings with the county court within four years of death. A last will and testament does not automatically cause the real estate to transfer. It is just a statement of the deceased’s intent. The property must legally transfer to another person(s) or entity if it is to be sold.

An Heirship Affidavit may often be used if the will has left the property only to the direct descendants of the deceased. Sometimes, this may be a less expensive and faster process than a probate proceeding.

An Affidavit of Heirship is also required if the deceased died without a will.