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Hello it's Sade Welcome to our Freebie Friday video Today I've been asked to talk about how to transfer title from a deceased relative So when somebody passes away usually they either have a Will or they don't In most states if you have a Will you'll go through the probate process which is a separate court usually and the court will then sort through all the assets and debts of the deceased and the property — the real property would be included in that, and then they would issue a Deed of Distribution to whoever is entitled to the property according to the Will If somebody doesn't die with a Will we have some preset rules for dividing the property up and that will be called the intestacy rules Texas has some rules, but usually it's best that you have a Will because the intestacy might not divide your property the way that you would have done it if you were alive So the property might go to some other people that you don't really want the property to go to and things like that So when there's no Will that's usually when we get this question We have to do what we call an Affidavit of Warship The Affidavit of Warship is possible if all the heirs are in agreement as to who they are and if we don't have any unknown heirs out there or if the family is not scattered all over the place And if the person is recently deceased it's usually easier to trace the family tree back to who is entitled Under Texas law we have to look into the intestacy rules to see who gets what and in what proportion So we'll do the Affidavit of Warship saying what exactly the life of that deceased person looked like were they married And how many times were they married And how many children did they have And how many children did they adopt And then we'll look at the percentage shares according to those intestacy rules, and we would put that in the Affidavit because it helps a lot in the future if the person that gets the property is trying to sell or trying to convey if it's nice to have in there what the shares are so that the title company is clear as to who has ownership and by how much And so that's how we do it When we have the Affidavit of Warship first we file that into the property records in the county where the property is located, and then we do a second document which is the Deed and the Deed actually will be the document that transfers the title And the Deed will transfer the title to all the heirs unless they have an agreement amongst themselves to transfer to just one heir And that can be worked out The lawyer can help you with that kind of agreement but all the heirs have to sign off on the Deed and transfer it either to all of them or to one of them And that is all you have to do in order to transfer the title itself Now there's usually a loan attached to property and some people have already paid off their property which is great If there's a loan you'll have to talk to the lender and work that part out You may have to assume the loan you may have to get a...
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