When a property owner dies, the will generally dictates who will inherit any real property. If you believe that you were a rightful heir but were excluded from the will, you will need to challenge the will in probate court. Proving that you are the heir of a deed in such a challenge can be difficult, and you should consider hiring Bryan probate attorneys to assist.
How Deeds Are Used
A deed legally transfers ownership of property. The deed will take effect when the heir is presented with the deed. In real estate purchases generally a period referred to as escrow will occur before such a deed transfer can be completed.
When real property is a part of an estate, the will should name the individuals who are to inherit it. If the testator died without a will or does not include a person who believes he should be an heir, a challenge needs to be brought in probate court.
Inheritance and Deeds
Even when a testator dies with a will, the deed generally will not be signed over to the heirs until after his death. The heir will then need to show, usually through the will, that he is a valid inheritor of the real property. Once probate is completed, those individuals who are valid heirs to the property are the considered the heirs of the deed. The probate court will initiate the property transfer.
When, however, a challenger to the will claims to be entitled to part of the real property, a determination of heirship proceeding will take place. The individual needs to present an affidavit which explains his relationship to the decedent. The probate court will then make a ruling on whether the affidavit successfully challenges the will. Whether a challenge is brought or not, the proceeding must be published to inform other prospective heirs of that the proceeding is to take place. Should the court find for the claimant, it will execute an order determining heirship. The administrator of the estate will then prepare the deed, and then file it in the county where the property is located, naming the new owners of the property.
For Further Information about Heirs of a Deed