What does an affadavit of non-probate mean to the heirs that sell the house?

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What does an affadavit of non-probate mean to the heirs that sell the house?

My mom’s house sold recently. Non-probate. We were required by the title company to sign an affidavit of non probate stating that there was 0 debt outstanding that we were aware of. Both my other siblings believe that they are exempt from any responsibility of debt that supercedes estate assets. I say they signed a paper guaranteeing that we would be liable. Do you know which it is?

Asked on April 13, 2012 under Estate Planning, Washington

Answers:

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

Answered 9 years ago | Contributor

I would take the affidavit to an attorney to review.  Why was the house sold "non-probate"?  From what I could tell a house is not one of those assets listed as non-probate assets under the law in the state of Washington. And I think that you are correct: signing an affidavit is signing a document under penalty of perjury.  There is indeed an obligation on the personal representative of the estate to locate creditors in order to settle debt.  Get help.  Fast.  Good luck.


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