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Is there a difference between an affidavit of inheritance and a deed

Fairfield, OH |

trying to settle an estate and found an affidavit of inheritance. is this a deed to the house

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Attorney answers 2

Posted

In Ohio, the only place where the word "affidavit" has any applicability to an inheritance is with a "Transfer on Death Affidavit" for real estate. This is a method of transferring real property directly to a beneficiary rather than dealing with the real estate in a Will.

In other States, notably West Virginia and Kentucky, there are "Affidavits of Inheritance" applicable to the transfer of mineral rights (oil, gas and coal) or properties subject to such mineral rights.

If you are not the only heir and are trying to "settle an estate" without the assistance of an expert probate attorney, you are making a mistake. Executors or Administrators can be liable to other next-of-kin for errors made in administering the estate, so doing so represents a risk that no one should take ... and there are lots of issues such as Medicaid and Special Needs where a good planner can help avoid the loss of benefits by a prospective inheritor.

Mr. Huddleston is an Ohio-Certified Specialist in Estate Planning, Trust & Probate Law, with offices in Columbus and Dayton, serving client families and private business owners throughout Ohio. He may be contacted directly by phone toll-free at 888.488.7878 or by email CLH@HUDDLAW.COM. Mr. Huddleston responds to Avvo questions as a public service to help educate and provide general guidance to questioners, but his responses are not legal advice and do not create an attorney-client relationship.

Posted

Such an Affidavit might appear in the record of title when there should have been a probate opened for a record owner several year ago but one was not. In such a case, because of the passage of time, an Affidavit is used in lieu of a probate proceeding. It will be up to the title company to determine if that Affidavit is sufficient for title insurance purposes.

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