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If both names are on a deed and one spouse passes away do you have to draw up a new deed to sell your house?
Wiki User
∙ 14y ago
I'm pretty sure you can. I mean, if it was just him/her on the document it would be up to his/her whole family. But since both of you had legal rights to the house, I would think you would be the only person able to sell it once your spouse dies.
It depends on the type of deed. If it has a survivorship clause, as in Joint Tenants or tenants in the entirety, a copy of the death certificate and the deed are enough to sell the home. If it is tenants in common, you will have to have the executor of the estate sign off on the sale.
Wiki User
∙ 14y ago
Wiki User
∙ 10y agoNo. His estate must be probated so that legal title passes according to his will or according to the laws of intestacyif he had no will. You need to contact an attorney who specializes in probate law.
No. His estate must be probated so that legal title passes according to his will or according to the laws of intestacyif he had no will. You need to contact an attorney who specializes in probate law.
No. His estate must be probated so that legal title passes according to his will or according to the laws of intestacyif he had no will. You need to contact an attorney who specializes in probate law.
No. His estate must be probated so that legal title passes according to his will or according to the laws of intestacyif he had no will. You need to contact an attorney who specializes in probate law.
Wiki User
∙ 14y agoGenerally, no. Married couples own their property as tenants by the entirety or joint tenants with the right of survivorship. When one spouse dies the full ownership of the property passes to the surviving spouse with no need of probate.
A buyer's attorney will examine the title to the real estate to determine who is the legal owner. If you owned the property by a survivorship deed, you will not need to execute a new deed to get the property in your name alone. You need only provide proof of the death (a death certificate) and perhaps some type of certificate stating there is no tax due on the decedent's estate. Those documents must be recorded in the land records and will provide clear title in your name.
When you're ready to sell you can execute a deed to the new owners in your name alone.
Wiki User
∙ 10y agoNo. His estate must be probated so that legal title passes according to his will or according to the laws of intestacyif he had no will. You need to contact an attorney who specializes in probate law.
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