Probate Avoidence - Posted by Bill Ezell

Posted by George (OH) on January 27, 2000 at 15:25:57:

…a few weeks ago. A few people told me that there is a form called an Affidavit of Heirship. Have the siblings sign off on this form, as well as two(?) witnesses, and this should allow them to gain control of the property without going into probate court.

I am a newbie, so please don’t take my advise as gospel. Hopefully, one of the “masters” will respond, and I can learn more about this myself.

Good Luck,


Probate Avoidence - Posted by Bill Ezell

Posted by Bill Ezell on January 27, 2000 at 14:05:06:

I know someone with a empty house I want to buy. But the house was bought by the father for his mother-in-law 17 years ago. Title was put in her name. Father, mother, and mother-in-law have all died. The oldest son lives in the house next door(his father house). No probate has been done on either property. And the property has been vacant for over six years. If I can avoid probate (probate apprasial, and taxes) the price of the property would be less than half of maket value. Any ideas out there?

Re: Probate Avoidence - Posted by Rob FL

Posted by Rob FL on January 27, 2000 at 15:34:36:

The affidavit of heirship works in some jurisdictions but not in others. For instance in Florida, this violates the statutes and is generally unacceptable by title companies.

You do need to find out who the heirs are and start from there. Do these dead people have wills or did they die without one?