Real Estate Law
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Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
Can you tell me how they took title on the deed?
Was it as "joint tenants" or as "tenants in common", or as "tenants by the entirety"?
Did they purchase the building while they were married?
They were married when the property was purchased. The property was owned as Joint Tenants. Thank you.
Ok, then when the spouse passed, the surviving spouse would have instantly become the sole owner of the property. When property is jointly owned, then when one owner passes, their interest extinguishes leaving the survivor the sole owner.
So friend wouldn't need to do anything further regarding the sale of the property other than record a copy of his wife's death certificate in the local land records office. But he can do that at the same time as he is executing a deed to sell the property to an new buyer. The death certificate just needs to be recorded first to evidence the fact that he is the sole legal owner of the property due to wife's passing.
Whoever prepares the deed will reference this fact in the chain of title in the deed.