What document do we actually need to sell a house without probate?

Warren, the first thing I would do is have a Kentucky real estate attorney or title company examine the current deed before having the brothers sign anything. The document you need depends entirely on how ownership is shown on that deed. If your father-in-law inherited the house and he alone is on title, his late wife's name being on the bank account does not give her children an ownership interest in the property. In that situation, there is nothing for the brothers to give up. However, if the wife was on the deed, then the exact wording matters. Kentucky law distinguishes between spouses holding property with an express right of survivorship and holding it as tenants in common. If she owned an interest that passed to her children, the children may actually have a title interest that needs to be conveyed before or at closing. You are correct that an Affidavit of Descent may be involved, and there is an important distinction. Under Kentucky KRS 382.120, an affidavit used to establish inherited property can actually be signed by one of the heirs, or by two Kentucky residents who had personal knowledge of the family and inheritance facts. It identifies the deceased person and the heir who inherited the property. Affidavit of Descent does not make an heir surrender their ownership interest. If the brothers actually inherited part of the property, the agent may be describing a deed conveying or releasing their interest, accomplished with a quitclaim deed, rather than an affidavit saying they aren't claiming anything. Kentucky law recognizes an agent's authority under a power of attorney to sell, convey, quitclaim, or release the principal's real estate. Your sister-in-law's power of attorney only allow here to act for her father; it does not allow her to sign away her brother's interest or act for her deceased mother. The rental bank account is a completely separate estate issue and should be reviewed, especially since your mother-in-law died without probate. My suggestion before doing anything, I would ask a title company to issue a preliminary title report. That should tell you exactly who currently holds title and what document, if any, each family member must sign. I would not have the brothers sign a waiver until you've determined what documents are needed.

Warren, I hold the SRES designation (Seniors Real Estate Specialist), and untangling title after a death in the family is most of what that work actually is. So let me give you the vocabulary nobody has handed you yet. The document your agents are circling is almost certainly an Affidavit of Descent under KRS 382.120. And here is the part I think everyone has missed: it may be needed for your father in law's parents, not for his late wife. You are dealing with two separate estates and they are getting mashed together. The first is his parents' estate. He inherited the house from them. If the deed at the county clerk's office still reads in their names, Kentucky's mechanism for establishing that chain of title without a full probate is the Affidavit of Descent. It gets recorded in the county where the land sits, and it has to be recorded before a deed conveying the property out can be recorded. Your instinct was close. You were thinking "affidavit of heirship," and in Kentucky the recording statute calls it an Affidavit of Descent. It can be sworn by the grantor, by any one of the heirs, or by two Kentucky residents. So an heir signing it is perfectly normal, which is the piece you thought ruled it out. The second is your mother in law's estate, and on this particular house it may be a non issue. Kentucky is not a community property state. Under KRS 392.020, the interest the statute calls dower belongs to the surviving spouse. She died before him. If the house came to him alone by descent from his parents and her name never touched the title, her interest in it never vested, and there is nothing in this parcel for her heirs to inherit from her. Alla was right to send you to the deed first, and this is exactly why it matters more than anything else in your question. So why do the agents keep asking for signatures from the three kids? Because an Affidavit of Descent gives you defensible title, not marketable title. It is not conclusive proof of ownership, and a buyer paying real money takes the property subject to the claims of any heir who did not show up. Title companies know this, so they ask everyone who could conceivably claim to sign something, usually a quitclaim deed or the disclaimer of interest the third answer here mentioned. That is belt and suspenders, and it is often the fastest path. But it is a title company's risk preference, not a legal requirement, and knowing the difference is what lets an attorney tell you yes or no in about an hour instead of three more weeks of agents guessing. Three practical things: - The bank account with her name on it is a completely separate track. Do not let it get bundled into the real estate question. Different rules, different paperwork. - Check the power of attorney carefully. It generally needs to be durable, it needs to grant real estate authority specifically, and it usually has to be recorded in the county where the land sits. It also dies when he does, so there is a clock on it that nobody thinks about until it has run out. - Bring the recorded deed itself to the attorney, not a description of it. How the deed reads is the whole case. I am Zoltan Peresztegi, SRES, a real estate professional in Los Angeles and the South Bay, and I am not an attorney, so please take this as the right set of questions rather than the final answer. An hour with a Kentucky real estate or probate attorney, with the deed in hand and the words "affidavit of descent" in your mouth, should end this. If you would like an introduction to a strong Bowling Green agent once the title side is sorted, I am glad to make one. Zoltan

To sell a house without probate, the specific document you need depends on how the property was set up before the owner passed away. Is the property in a trust? I would suggest speaking with an attorney. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States

Hello Warren, This is a tricky situation, and I'm sorry about your mother in law, losing her and then facing this on top of it is a lot. What you're describing usually needs an estate or probate attorney rather than a standard real estate document, since her passing intestate means her share of anything jointly held technically needs to be settled through her heirs, not just signed away casually. You might be thinking of a "disclaimer of interest," where an heir formally gives up their claim to inherited property that's signed by the heir themselves, unlike an affidavit of heirship which is signed by someone outside the family confirming who the heirs are. Every state handles this differently though, and since three kids are also heirs here alongside potential sibling claims, I'd get a probate attorney to sort out exactly whose signature is actually needed before you get much further with agents guessing at forms.

Warren, I'd rather not name the form for you, and that's the useful part of my answer. What those agents are describing depends on Kentucky law and how the deed actually reads, and a wrong guess costs you a closing. One thing to check first. Was your father in law's late wife ever on the deed at all? If the house came to him alone from his parents, she may never have held title, and then whether the three children need to sign anything looks very different. The county clerk's land records will show you how it's written. The bank account with her name on it is a separate matter. Please spend an hour with a Kentucky real estate or probate attorney before you list. Have them look at the power of attorney too, since title companies apply their own standards there. I'm licensed in California, so a Bowling Green agent can handle the sale once title is clear. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775