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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 38868
Experience:  Texas Attorney for 30 years dealing in real estate
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I NEED TO TRANSFER PROPERTIES OF MY DECEASED MOTHER INTO MY

Customer Question

i NEED TO TRANSFER PROPERTIES OF MY DECEASED MOTHER INTO MY NAME. i WAS TOLD AN AFFIDAVIT OF SUCCESSION WAS THE ANSWER?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Ray replied 1 year ago.

Hi and welcome to JA.I am Ray and will be the expert helping you today.

Yes you can use this to transfer title.

The affidavit must state among other things, the following:

  1. Six (6) months have elapsed since the date of death.
  2. No petition or appointment of a personal representative has been granted or is pending in any state.
  3. The person or persons signing the affidavit are entitled to the real property, and the value of the real property is $75,000 or less.
  4. The legal description of the property and the decedent's interest in the property.
  5. A certified copy of a death certificate must be attached and if there is a Will, the original Will must be attached.

This form is filed with the Clerk's office. There is a fee of $186.00, and, generally, $27.50 for the certified copy of the affidavit that you will need to record. (The certified copy fee is dependent on the number of pages.)

Every county has these, here is a sample..

http://courts.yavapai.us/selfservicecenter/files/2012/02/PBSERE12f.pdf

This should allow you to successfully complete the transfer.

I appreciate the chance to help you today.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 1 year ago.

I appreciate the chance to help here.

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