Will not probated in Texas,heirship affidavit

[mxlflk]

Father died 4 years ago,will was not probated..Told by title company we would need to go the heirship affidavit route..
6 heirs are listed in the will,can only find four..What options are possible to get property sold?

 

[army judge]

You file a motion before the court to partition the property.
That means, if the court agrees (it will usually agree), the court orders the property sold and the proceeds divided equally.
Hire yourselves a lawyer to direct the operation.

 

[mxlflk]

Since it is under contract,after the partition is done,then it can be sold? Just clarifying..

 

[Betty3]

Talk to a lawyer but if the court agrees to the partition of the property, then yes it should be able to be sold & proceeds divided.

 

[army judge]

Since it is under contract,after the partition is done,then it can be sold? Just clarifying..

If you mean the home was being "bought" under a land contract, you should discuss the matter with a lawyer.
A "land contract" to "purchase" a home is NOTHING more than a LEASE.
Generally, there is little, if ANY equity in such deals.
Good luck.

 

[mxlflk]

The house is under contract has been since last May,plenty of equity for the buyer..Just can't find all of the heirs,thanks..

 

[army judge]

The house is under contract has been since last May,plenty of equity for the buyer..Just can't find all of the heirs,thanks..

If the court orders the property partitioned, the master appointed by the court will attempt to locate the heirs.