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Updated about 7 years ago on . Most recent reply

User Stats

386
Posts
151
Votes
Mike Landry
  • Investor
  • Montgomery, TX
151
Votes |
386
Posts

Texas pre-probate question?

Mike Landry
  • Investor
  • Montgomery, TX
Posted

Hey guys.  I have stumbled upon a pre probate property.  The father died (mother already passed) and there are two sons that will inherit the property.  No will.  They want to sell me the property asap due to the fathers medical bills that are unpaid.  Can they sell it to me before probate?  They are meeting with a probate attorney next week.

Can a title company prepare a affidavit of heir-ship?  Or do I need my RE attorney?  Or a probate attorney to write it up?

Thanks!

Most Popular Reply

User Stats

1,578
Posts
741
Votes
Mark Pedroza
  • Real Estate Agent
  • Sacramento/Placer ~ San Francisco Bay Area counties
741
Votes |
1,578
Posts
Mark Pedroza
  • Real Estate Agent
  • Sacramento/Placer ~ San Francisco Bay Area counties
Replied

@Mike Landry

Yes you can. It's during the administration process that you can make your offer "Subject To'.

(Mike Landry makes this offer Subject To Mark Pedroza being confirmed by the court as PR to the Jane/John Doe estate)

As long as the PR has Full Authority, they can sell the property during the administration process of probate. At least this is what can happen in CA per the link below. (You'll probably have to copy and paste to read) 

ARTICLE 1. General Provisions [10500 - 10503]

( Article 1 enacted by Stats. 1990, Ch. 79. )

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