I am wanting to sell the property and the names of my 2 brothers are still on the deed they are both deceased and neither married or had children
Speak to your Realtor and ask what Title Insurance company will be used for the closing, or pick one of your own. Then ask the Title Company what they will require to insure the title to the land. Probably all they will need is an Affudavit of Heirship for each deceased sibling. Good luck!
The answer to your question depends on what family members remain, and the form of the deed. When someone dies without a will (intestate), their estate (property) passes according to their state’s statutes regarding intestate succession. This is state specific. Here is the link for the Texas statute. http://www.statutes.legis.state.tx.us/Docs/ES/htm/ES.201.htm It is a little wordy, but read through until you find each brother’s family situation at death (I believe that if your father or mother survives, they would get shares). Having said all that, if the deed gives right of survivorship, it won’t pass through the succession.
If you have the current deed and can provide the family information needed to read the above statute, a local attorney should be able to quickly identify the path to determine the current ownership of the property.
Some probate process for both brothers will be needed. This may be as simple as an affidavit for each. But you need to sit down with a probate lawyer to discuss.
You need to clear the title or no title company will insure it. Almost no one will buy without clear, insurable title.
This answer DOES NOT establish an attorney-client relationship. This answer is based on the limited information provided and is not intended to be conclusive advice. There are likely other factors that might influence or change the advice after a more lengthy consultation.
You will have to clear title before you can sell it. The chain of title to the property will need to be documented as well as acquiring an Affidavit of Heirship, and document that each of the people involved died intestate (without a will.) A title company will tell you what to do, but you will also need the services of an attorney and a forensic genealogist who can document your heirship.
Attorney Smith is licensed to practice law in Texas and Arkansas, and she is a ForensicGenealogistCredentialed(SM), a certification conferred by the Council for the Advancement of Forensic Genealogy and used under license after periodic testing. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Responses are answers to general legal questions and the receiver of such question should consult a local attorney for specific answers to questions.
I agree with the prior answers. You should consult an attorney in your area to determine what probate procedure will work for your situation. It is likely a title company would accept affidavits of heirship, but you should have an attorney review the situation to verify what is necessary and guide you in proceeding.
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