QUESTION

How do I sell a house that was jointly owned by my husband and me when he passed away recently?

Asked on Jan 07th, 2013 on Real Estate - Colorado
More details to this question:
My husband passed away in October. I have listed our house for sale that was jointly owned by my husband and me through a real estate company. What do I need to do to be able to sign the closing paperwork since the property was listed in both of our names?
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1 ANSWER

Legal Separation Attorney serving Boulder, CO at Flatiron Legal Advisors LLC
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I am sorry for your loss. If the property was held in joint tenancy with right of survivorship, you need to file what is callled a supplementary affidavit with the county to remove your husband's name from the title (the title company will likely want a copy of this as well). If he had less than $61,000 in net probate assets and no other real estate, you do not even need to go through probate - rather, you could use a small estate affidavit. If the property was owned as co-tenants or tenants-in-common and/or he had more than $61,000 in non-probate assets, his estate will need to be probated to transfer the property. Feel free to call me for a free initial consultation if you have other questions. I hope this helps.  
Answered on Jan 08th, 2013 at 9:32 AM

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