Missouri Affidavit Declaring Beneficial / Equitable Ownership of Leasehold Interest
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How to fill out Affidavit Declaring Beneficial / Equitable Ownership Of Leasehold Interest?
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FAQ
Importantly, all creditor claims must be made within one year after a decedent's death. Under Missouri law, an affidavit of heirship can be used when a probate proceeding is not required to transfer title to the relevant heirs.
It will need to be signed by all parties and their spouses (if married), and the papers will need to be filed in the county recorder's office where the property is located. Once this is completed, the real estate will have been officially transferred to the heirs, probate-free.
If all inheritors do not agree then the property cannot be sold. Chill! If the majority of the inheritors are willing to sell the property they need to go through a probate court. The inheritors can file a 'partition action' lawsuit in the probate court.
For example, a person is buying a house from a seller, but they do not have the full amount, so they have to make monthly installments, but they get to live in the house and enjoy its benefit because they have an equitable title. They do not own the house legally until they pay their last installment.
If a person has died leaving property or any interest in property in Missouri and no administration has been commenced on the estate of the decedent, any person claiming an interest in such property as heir or through an heir may file a petition in the probate division of the circuit court for the administration of the ...
Once the small estate affidavit is drafted and signed in front of a notary, it must be filed with the Probate Court in the county of the residence of the deceased person.
