Using the "spread of will" record and selling house. Deed in deceased name, 5 siblings, who will have to sign the transfer of deed?
Real Estate Attorney
Some states accept Affidavits of Heirship in which all heirs and at least 2 disinterested parties swear to the intestate succession of the family. All heirs will then sign the deed. Check with a local title company to see if this is acceptable in Tennessee. Maybe one of my Tennessee colleagues can confirm in AVVO.
In Indiana, you cannot transfer the decedent's property with a simple affidavit of heirship. It is also not likely that you can transfer the home with a "small-estate administration affidavit" as it is likely valued at more than $50,000.00. Engage a licensed probate professional in your area to both help you determine how to proceed in the sale of the home AND prepare an inheritance tax return if more than $500 to each sibling of the deceased. This is NOT a DIY type of project. The attorney will be paid from the decedent's assets. Hire a professional! Good luck
veRONIca jarnagin, atty, pc 317-253-7664 provides this response as general guidance and not specific legal advice. If you wish to receive specific legal advice for your situation, please call to schedule an appointment.
As I understand it, you are asking about an estate in Indiana. It sounds like you are referring to a process called spreading a will of record, that in many other states is called a probate of will without adminstration. In other words, you want to petition the judge to declare that the will is legally valid and enter it into the court's record without the full supervised estate for adminstration through the usual notice to creditors process. Although you can realize a lower cost than proceeding with the supervised process, you are still dealing with the court and you should consult an Indiana probate attorney to assist you through this process.
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