While I am not familiar with the probate laws in Ohio, I would expect them to be similar. While the judge has the final say on things I would be getting some type of agreement from the heirs-possession, lease, or contract for sale. The title is defective because they may not represent all of the interest to the estate. There may be other heirs or creditors. If you have possession long enough you can probably get title. But we’re talking 7-10 years. If you are satified that there were not creditors and you have all the heirs you could try the affidavit of heirship approach. Otherwise the judge will be needed to transfer title. Expect several thousand in costs and use an attorney.
There is a property that I have under contract, it has been sitting vacant for a while. Anyway the owners are both deceased and there are two heirs, one of whom is in Jail. Anyway has anyone dealt with a situation before. By the way I already have it sold buut the only problem in transfering ownership is this cloud in the title. Any suggestion would be greatly appreciated. The person I’ve been dealing with is the grandaughter (obviously the other heir).
You first need to establish if a probate is required in your state or can an affidavit of heirship be used(small estate). If the granddaughter is in contact with the one in jail get the name of the chaplain at the prison. Work through them to get required signatures.
Re: Problem with the estate, help needed from some pros - Posted by Ben in Ohio
Posted by Ben in Ohio on May 20, 2000 at 06:41:05:
Bud–
In the case where probate is required, how does that work? I have a similar situation of a deceased homeowner and the children do not want to put up the money for the probate fees. They pay the property tax but the vacant property is in a constant state of deterioration. Hence, something needs to be done. I’ve agreed to pay for probate if I can get the house. Is probate the only way? BTW, there was no will.