LandInvestors.com Forums **Ask A Question** How to purchase property with deceased owners no living heirs.

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    Tal Freibergs
    Participant
    Post count: 17

    The person that received the offer was the c/o addressee for the owner. He said the owners are deceased as are all of their heirs. Is there any way to purchase this property (other than maybe adverse possession) or just have to wait for auction?

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  • Kevin Farrell
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    Post count: 1645
    ProAdvanced

    Tal – You can buy it if he can get the deed in his name. He would do that by opening probate – usually with an attorney. Usually not worth it for small, cheap properties. Just walk away from these.

    Kevin Farrell - Moderator
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    Tal Freibergs
    Participant
    Post count: 17

    Yeah, he had already checked with an attorney regarding probate but determined the fee is too high. I did check with the county and they said you can open a probate without an attorney but might be a mess.

    Luke Smith
    Moderator
    Post count: 1304
    ProAdvanced

    What state are we talking about? Some states have other processes.

    Could have the care of guy quit claim it over for $50 or some reasonable number. Quiet title it “Pro Se” like you go to court representing yourself(cheap). Nobody is going to show up to contest you if his story is right. I probably have the ppwk on file to do it depending on the state. I’m testing Quiet title actions to potentially offer it as a service some day.

    You will have a hard time serving all the dead people. You will need to publish notices all over where the land is and where the dead people used to live. Maybe on the land too but at least in the news paper. Probably a couple times. You want to document this for the judge. Appendix it in the quiet title complaint.

    Publishing and court fees might be prohibitive.
    In CA 10K and less value land. Its a flat $250 court fee. Over jumps up to $450. Offer the guy less than 10K if CA or check your local court fees before you make the offer so you can make it accordingly.

    AR is like $65 to file a case in some counties. The rest is all attorney bs.

    Maybe you can do the ppwk and the seller can go to court locally for the deal too if you structure it right. Or partner with someone on here willing to go to the local court if you are not in the area.

    I got one coming up after COVID that is a 6 hour drive to the court. I’m using the quiet title complaint to fix a mistake I made on a deed.

    Tal Freibergs
    Participant
    Post count: 17

    Thanks for your input Luke. I have been researching Quiet Title. This is in Arizona. But the ‘care of’ guy would only be able to do a quit claim if the property goes through probate, right?

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