How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard, Attorney
Category: Estate Law
Satisfied Customers: 53721
Experience:  29 years of experience practicing law, including tax and estate planning.
Type Your Estate Law Question Here...
Richard is online now
A new question is answered every 9 seconds

my wife passed away last year, she left no will. I want to

This answer was rated:

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?
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 3 years 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 .

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.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which will be helpful to you. If I have not fully addressed your questions or if you have any follow up questions, or if I have misinterpreted your questions in any way, please do not rate me yet, but simply ask a follow up question without rating so I can provide you with a fully satisfactory answer. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service with 3, 4, or 5 faces/stars so I can receive credit for helping you today. I thank you in advance for taking the time to provide me a positive rating!

Richard and 2 other Estate Law Specialists are ready to help you
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:

Related Estate Law Questions