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Richard
Richard, Attorney
Category: Estate Law
Satisfied Customers: 45990
Experience:  29 years of experience practicing law, including tax and estate planning.
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my wife passed away last year, she left no will. I want to

Customer Question

my wife passed away last year, she left no will. I want to sell my house, there is no mortgage and no leans. Do I need to do anything with the courts before I sell?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Are you the only one the title to the house? If both of you were on title, was ownership noted as tenants by the entirety or as joint tenants with right of survivorship? Also, since there was no will, did your wife have any children....and if so, are you the dad of those children? Thank you!
Customer: replied 1 year ago.

There was just my wife and me, no kids. we were both listed on the mortgage. I paid off the mortgage in full when her life insurance came in .

Expert:  Richard replied 1 year ago.
Thanks so much for your reply. Unless title was held as either tenants by the entirety or as joint tenants with right of survivorship, or the value of her interest is less than $40,000, you will need to file a petition in the probate court in the county in which the house is located to be appointed the administrator of her estate. Once appointed, you will be given official documentation evidencing such appointment. You will then be able to sign a deed on behalf of the estate to transfer her interest. You can do this one of two ways...i) You can sign a quit claim deed on behalf of your wife's estate to transfer her interest in the house to you. This deed would need to be witnessed and notarized and then recorded in the real property records of the city/county in which the property is located; then title would be 100% in your name and you could proceed to sell it. Or...ii) You can simply sell it first and then sign a deed to your buyer on your own behalf and then as administrator of your wife's estate for her interest in the house.


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Richard, Attorney
Category: Estate Law
Satisfied Customers: 45990
Experience: 29 years of experience practicing law, including tax and estate planning.
Richard and other Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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