I live in Texas but own property in Arkansas. My husband died. If both of our names are on the deed, do I need to go through probate?

To sell my house in Texas, all I need to do is fill out an Heirship Affidavit. My husband and I were only married once to each other and have 3 children from our marriage. Texas is a homestead state. To sell our land in Arkansas, do we need something more than an Heirship Affidavit?

Asked on August 30, 2018 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

I am so sorry for your loss.  I am assuming that you owned the property in Arkansas as husband and wife with rights of survivorship, correct?  Then the property passed to you automatically at the time of his death.  That does not mean that selling it in Arkansas will be as easy as showing your marriage certificate and his death certificate.  What I would do is to call a title insurance company in Arkansas and see what they will require.  Likely they will need some proof that you were continuously married and not divorced and married at the time of his death.  They may or may not call that an Affidavit of Heirship.  But they will indeed know what you need for transfer.  Good luck. 

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