QUESTION
If I want to sell my house after husband's death, do I need to take his name of the deed?
Asked on Jul 12th, 2013 on Estate Planning - Missouri
More details to this question:
My husband passed away 4 years ago. We owned two houses, in both our names. One small vacation cabin, owe no money on it. The other is my residence, which I want to sell. Does his name need to be taken off the deeds in order for me to sell either one? Only creditor he had was the small mortgage on the residence which I am still paying. Thank you.
20 ANSWERS
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes. Record his death certificate in the county records of the county where the real property is located.
Answered on Jul 24th, 2013 at 2:00 AM
Thomas Edward Gates
While his name is still on the deed, you just need to produce the death certificate at the signing.
Answered on Jul 24th, 2013 at 2:00 AM
Essentially, his name is already off the property title. A conveyance signed by you "as suvivor of [deceased husband's name] whose death certificate is recorded in Liber.
Answered on Jul 24th, 2013 at 2:00 AM
Neal Michael Rimer
Yes, title must be cleared before you sell the property. If the property was in trust, an affidavit is filed to identify who the successor trustee is. If title was in joint tenancy, then an affidavit of death of a joint tenant can clear title in the successor. If title was in husband and wife as community property, then a probate petition must be filed and you need to obtain a court order to fix title. If title was in husband and wife as community property, with the right of survivorship, then an affidavit must be recorded to fix title. If title was in husband and wife, then a probate must be filed to clear title.
Answered on Jul 24th, 2013 at 2:00 AM
2 Awards
Yes his name will have to be removed from the deed and the only way to know exactly what process to use to do that would be to have an attorney review the deeds and tell you what has to be done from there. A buyer cannot purchase the property with your husband's name still on it.
Answered on Jul 24th, 2013 at 2:00 AM
Did you own the property in "joint tenancy"? To answer your question, yes, the property needs to be titled in your name alone before you can sell it. If you owned the property in joint tenancy, then all you would need to do is file an affidavit of surviving joint tenant in the county where the property is located.
Answered on Jul 24th, 2013 at 2:00 AM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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Generally his name can be taken off the deed at the time of closing.. all you will 100% need is an original of his death certificate to clear title. In Michigan unless it is clearly otherwise in the chain of title .. spouses are assumed to own a property as "joint tenants with right of survivorship" assuming that is the case.. your warranty deed to a new owner will be from "You as survivor of Husband (now deceased whose death certificate is attached for recording) and you" obviously if you sell the house to clear title you will have to pay off the mortgage.
Answered on Jul 24th, 2013 at 2:00 AM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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Since your husband's name is on the title to the properties, his succession would have to be opened before his name is taken off of the title.
Answered on Jul 24th, 2013 at 2:00 AM
Yes, it will make the process much more streamline if you have the property in your own name. It is usually a fairly easy process, check with your county clerk for the documents they will require. Usually a death certificate and a Quick claim deed or a Warranty deed.
Answered on Jul 24th, 2013 at 1:59 AM
No, the name can be removed during the sale's escrow. However, some people prefer to do it before to avoid any delay or complications to the escrow.
Answered on Jul 24th, 2013 at 1:59 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You should contact a probate lawyer to prepare an Affidavit Terminating the Joint Tenancy as to each property, if the properties were held joint tenancy title; in addition a certified death certificate and a preliminary change of ownership will need to be prepared, with all documents to be sent to county recorder with recording fees; you will need to do this for each property; the lawyer will charge time and chargers pursuant to a fee contract. If not held in joint tenancy, then lawyer may have to do a affidavit of small estate to be filed with the probate court to obtain the order putting the properties in the sole title of you.
Answered on Jul 24th, 2013 at 1:59 AM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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If this is Delaware - you need to file Affidavit of Jointly Owned Property and Affidavit that No DE Estate Tax Return is Required. Once that is done it is not necessary to change the deed.
Answered on Jul 24th, 2013 at 1:59 AM
Since your husband passed away and presuming both properties are owned as joint tenant with right of survivorship, or better as tenants by the entireties, then you are the sole owner and can sell either property. However, buyer will likely require proof of death - no probate required, just recording of certified death certificate in the county where the property is located. You should not worry about that now however, let the buyer obtain title insurance and the title company will inform you of everything it needs to clear title.
Answered on Jul 24th, 2013 at 1:59 AM
In order to be able to change titles to real property you need to do through probate. The lender will also want to know about the death as there may be an acceleration clause in the loan that applies if one of the borrowers dies.
Answered on Jul 24th, 2013 at 1:59 AM
3 Awards
Probably. However you do not address how title is held.
Answered on Jul 24th, 2013 at 1:59 AM
2 Awards
Yes, you need to take his name off of the deed. If he had a will, you will need to probate it. Otherwise, there are some other alternative measures you can take.
Answered on Jul 24th, 2013 at 1:58 AM
You won't have to do anything if you owned the properties as joint tenants. On the other hand, if you owned the property as tenants in common, you will need to probate your husband's estate.
Answered on Jul 24th, 2013 at 1:58 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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No, his name does not need to be removed. You would bring a certified copy of the death certificate with you to the closing and that would be sufficient to remove him from the title.
Answered on Jul 24th, 2013 at 1:58 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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Yes. You should file an affidavit regarding his death with the recorder of deeds' office.
Answered on Jul 24th, 2013 at 1:57 AM
No, you do not need to do anything. If you held the property as tenants by the entirety, you only need to show his death certificate when you want to sell.
Answered on Jul 24th, 2013 at 1:57 AM