Contract Signed, Ready to Close, Probate Issue (disclosures, appraisal, agent)

[joshuaw2]

In Texas:


My wife and I found a house that we liked. We had an agent help us find a house. We signed a contract with seller, had house inspection and lender did appraisal. Throughout this time, my agent has been in contact with seller’s agent for little things here and there. Our closing date is next week; insurance and lender are all ready to go and disclosures signed and submitted.


We just found out that the owner had a son who passed and that there may be heirs that have not been notified. The owner had two daughters they one of them is the one signing the Contract. It appears we are now waiting for the deceased son’s children to be notified of this sale and I guess to get their approval??


We got all this way and about to close and just now finding out about this. Thankfully we would have title insurance, but I guess the title company did their job now to find this issue. No idea if estate was already in probate court, independent/dependent, order of sale ever issued or a need to, etc. County records still show title under original owner who since died; children name(s) are not on title.



There may be too many variables to weigh, but any idea of how long this part could take to notify other heirs and get their okay to sell/close on house (affidavit of heirship even) next week?

[jackmichigan]

Originally Posted by joshuaw2

There may be too many variables to weigh, but any idea of how long this part could take to notify other heirs and get their okay to sell/close on house (affidavit of heirship even) next week?

I have no idea. If probate was required, and if the probate court hasn't yet approved the sale, you're probably not going to close next week. A lot will depend upon how title was originally held (any joint tenancy?)--and how it passed to the heirs. The title company and your agent should be able to provide you with that information.