how can heir property be claimed without probate court?

Question

My uncle C died leaving no will. The deed established that he had a right of survivorship. He had no wife, no children, both parents are deceased. The property therefore becomes heir property being divided among 5 remaining siblings or their children. Question: How can the heirs claim the property without going through Probate Court. I've heard of an Affidavit to be presented to the Chancery called Identification and Suvivorship. What is this?
Thanks

Answer 1

You are correct. It is called an Affidavit of Survivorship. You need to get a copy of the death certificate, and file the affidavit on the deed. Remember any liens or encumbrances on the deed will then become yours. Rights of Survivorship, can get sticky, with having other heirs involved. I would consult an attorney to get this filed asap.

Answer 2

I think the only way you can go is through probate court, that's why you should always have a will.