Missouri Affidavit of Heirship for the Owner of the Property
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How to fill out Affidavit Of Heirship For The Owner Of The Property?
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FAQ
A determination of heirship proceeding is a special type of probate proceeding that only occurs if there was no will to probate, or alternatively, a will was not timely presented for probate within one year.
If one sibling is living in an inherited property and refuses to sell, a partition action can potentially be brought by the other siblings or co-owners of the property in order to force the sale of the property. In general, no one can be forced to own property they don't want, but they can be forced to sell.
If you are the only person named as the property's beneficiary, you have control over whether you sell it. But if you're one of multiple co-owners, you'll need your co-heirs' input about selling the house. Still, if one person wants to sell, they can force the sale.
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.
Children in Missouri Inheritance Law Stepchildren of the deceased (not with the surviving spouse) get 50% of the intestate estate, while the spouse claims the other half. If the deceased has no surviving spouse, then his or her children or their descendants will be the sole recipients of the estate in equal parts.
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.
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.