What documents do I need to sell my deceased mother's property?

You will need to open probate. See a probate lawyer.

You have to probate his estate in order to get full legal title to the property.

I am assuming you had a typo and that your dad died first and your mom died in 2013 (not 2003 as you listed) but in either case. You need to file a probate action for the last of your mom or dad to die and get appointed personal representative of the estate. Then the personal representative can list it for sale. You will need a true copy of the death certificate of the first to die at closing to clear title. The proceeds, after all expenses, will be distributed to the heirs at law of the last to die.

Suggest you obtain the services of a probate lawyer to assist you in clearing title to the property.

You need to start and complete the administration of the estates at the probate supervisors office in the local county commission. That will place the title to the real estate in the names of the heirs, who can then deal with it as they please.

How did they hold title? As husband and wife as community property? As joint tenants? As tenants in common? Probably you will need to probate your father's estate. So hire a lawyer and get on with it.

It depends on how the property was titled. Probate may be necessary. Since your father apparently survived your mother, there would likely need to be an estate for him. Using a probate attorney makes the most sense, since you are not the only beneficiary.

It sounds like title is in "mother and father, husband and wife." So when mother died, father owned the property by operation of law. Father dies, and now you need to administer his estate. Petition the court for administration any of the siblings can petition to be the administrator. Property will pass in equal shares to the children (or children of a child who has already passed away). The administrator can sell the house in the probate process and distribute the proceeds.

It is too late to open a probate proceeding to administer either estate. What would have to be done would be a determination of heirship proceeding which has a number of formalities including notices to all potentially interested persons. It is a court proceeding so you would have to be represented by counsel. A determination would be made as to how the property in your father's estate would be distributed since there was no will. The court order would then be the basis of transferring title in assets such as the home they lived in.

You will most probably have to open an estate to transfer the title. Hire an attorney to assist. It should not be too difficult or expensive.

If the title to the property, as stated on the latest deed, was in your mother's name then the property is in her estate. If the title to the property was held in joint tenancy with rights of survivorship by your mother and father then the title is in your father's estate as the last joint tenant to die. Since neither your father nor your mother had Wills the property passes to heirs under the Statute on Descent and Distribution. Assets in your Mother's estate would be distributed ? to your father and ? divided among your mother's children (born to or adopted by her). Assets in your father's estate would be divided among his children (born to or adopted by her). If any of your siblings predeceased your mother or your father then their children (the grandchildren) would divide the share that would have gone to your predeceased sibling if alive. If the real estate was owned by your mother then you should open a probate for her and transfer the real property to the heirs. A probate for your father would have to be opened to deal with his share. The court appointed representative in each estate would have the authority to execute deeds to transfer the property. If the property was held in joint tenancy then only a probate for your father would have to be opened. The real estate would be sold by the representative and the net sale proceeds distributed. If no probates are opened then there will be a defect in the chain of title since only a court appointed representative can execute a deed and transfer property in a decedent's estate. It may be possible to obtain title insurance and insure over the title defects. If you provide a title company with an extra premium payment a title company may insure over the title defect and provide the purchaser with the comfort of an insurance policy guaranteeing ownership that is backed by the insurance company. The title insurance company will require all of the heirs, including grandchildren if they are successors in interest, to execute the deed. They would probably also require indemnification agreements from each heir that is required to execute the deed. They would also require an affidavit of heirship and an indemnification that all claims against the estate(s), including any taxes, have been paid. You would have to shop for an insurance company willing to insure over the title defects and provide them with the information and documentation that they require. If there are grandchildren who are successors in interest and those grandchildren are minor's, then another complication arises as to who has the authority to execute the documents on behalf of the minor children.

It is not simple because everybody waited too long. More than likely, the real estate passed to your father on mom's death. You may be able to get the title in the children's names by affidavit, but that depends on state law and the recorder's office. I think you really need to contact a local probate attorney to help you sort through this.

Check with your local county clerk's office. They can guide you as to what is necessary.

You will have to probate the estate(s).

In Ohio, property of parents who died without a will go to their children. You'll need to go to the county probate court and fill out the necessary forms to have their estates settled. Part of this will be issuing a certificate of transfer which will put the property in your names.

You will have to open probate proceedings, since the title owners of the property are deceased.