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Richard, Attorney
Category: Estate Law
Satisfied Customers: 55463
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

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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 4 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.

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