Title Problems Created By Having No Will

When There is No Will

You may believe you don't need a will because your house, car and other property will simply pass to your spouse or next of kin. End of story. You imagine that they can keep on using your property without taking any action. Well, think again. If you pass away without will, it can create additional work for your family.

Problems for Heirs

When you own property that has a title, such as a house, land, or car, the person who inherits the property must deal with the fact that your name is still on the title. This can create a problem when the new owner wants to sell the house or car. It may not arise until many years down the road. Or, it could occur sooner if they need to show they are the new owner. Depending on the size of the deceased’s estate and the type of property, the estate may need to be probated even when there is no will.

Need an Affidavit

Small Estate Affidavit

To transfer title of a deceased person’s homestead, a small estate affidavit will need to be filed. It can be used when the estate is valued less than $50,000, excluding the value of the homestead. Once it is approved by the judge, the affidavit and the court order will be filed in the real property records in the same county as the real property.

Affidavit of Heirship

If you die without a will, then an affidavit of heirship is used to identify the heirs. This affidavit is also filed with the deed records of the county where the real property is located. Although it does not transfer the title, it becomes evidence of the transfer to create a clean chain of title. A husband and wife may own community property, so the surviving spouse will have to file an affidavit of heirship. The affidavit of heirship is not only used for real property but can also be used to transfer title to a car or mobile home.

Make It Easier on Your Family

Choosing not to make a will can cause unnecessary burdens for your family. Be proactive and think about what happens to your family after you pass away. Take control and make it easier on the ones you leave behind. Contact the Law Office of Hugh Spires, Jr. at 210-874-5700, or send us a message at www.TexasWillsLawyer.com, so we can help you make an estate plan.