Steps involved in the selling process in affidavits

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what is the process for selling an inherited property so if you've inherited a property and you'd like to sell it or if you're an investor and you're trying to purchase a property that someone has inherited what are some steps that you need to take and you can start going down the path with a couple of questions such as was there a will if there was a will then that will probably it's going to have a couple things in there one it's going to name an executor so that executive is the person who has the responsibility to carry out whatever is written in that will it'll also probably have listed who are the beneficiaries who to the person that had the will probably had the property who did they intend to that property go to and or the proceeds from the sale of that property to go to a will is great but the next question if there was a will is was that will probated so having a will is one part but that will has to go through probate court in order to have the power that the will was intended to have so when a will goes through a probate it goes in front of a judge it's usually an inter attorney involved to help you get through these steps and yes that is going to be some expense but it takes this will in front of a judge the judge signs off hey this is a good and legal will and then the person who's the executor or the heirs they can then go do as the will was written and intended to do and it has legal power to allow them to do so is there always a will there's not always a will doesn't always happen sometimes there is a will and it wasn't probated what do you do in that case most of the time if there is no will then you're going to do what's called affidavits of airship okay so big picture what's an affidavit of airship it is a legal document okay that is going to outline the errors of this property as far back as you need to go okay and you'll do as many as you need to to show the title of this property who owned it here then who owned it here where were their heirs and you'll need some people to sign off on that okay they are signing under oath a possible penalty of perjury but most of the time people are telling the truth most of the time people are happy to sign for you those are going to need to be what's called disinterested parties which really means people who aren't benefiting from the sale lots of times you can use a neighbor who knew the family for a long time a different friend of the family who could speak to who all the kids were cousins were etc however far it needs to spread out these affidavits are going to be prepared by an attorney you're probably closing these probably to a title company they probably want certain things in there so i would most of the time recommend waiting to do the affidavits until you know we're going to be closing that property that way you're not trying to do things or redo things or have to do any extra work now sometimes you have affidavits well was there a will well you can't just make up affidavits in order to change this person's will because you don't feel like probate so if there is a will and you know about the will and you're doing affidavits they're going to have to line up to what that will is already stating it and it just it's a it's a way to do it sometimes without having to probate it now keep in mind that means that all the beneficiary all the errors they're going to need to be on the same page or can't be an extra error out there who wants to argue it's just not going to work out for you don't try to mix it up like that okay so best things to will was the will probated okay if it was then you can follow those steps if not you probably need affidavits of airship keep in mind even if you have this will sometimes you need a combination so if mr smith has passed away and he left the property but he was married to mrs smith okay and she passed before him she didn't have a will that left it to him oftentimes you need affidavits to share how the share to show how the title that property got over here but this gives you a real good idea of where you're going to need to start and as long as you're working with some people who have experience with inherited property they've probably done this they can walk you through the steps and show you how to clear that title from one step to the next step after other than that selling inherited property is relatively simple okay we've done a lot of them so we're real familiar with the steps so we feel really comfortable with this process but you can also sell it through a real estate agent that's not what we do as investors but i mean that's perfectly fine as well so if you want to sell an inherited property if you're trying to buy one remember first let's find out what's their will second let's find out was that will probated if not well then we need to figure out who these errors are how many errors are there how far back do we need to go to start creating affidavits of airship to document the airship of that family where that property is and who legally has interest in that property then you can go and sell that property and get to moving forward i hope this helps if there's anything we can do for you reach out to us through the website sellmysan antoniohouse.com or give us call 210 201-6644 thanks [Music] you