Without seeing the actual deed, and, possibly, without information about what happened after your husband's death, it is impossible for anyone to tell you what you would need to do in order to clear title to your house following the death of your husband so you can sell it.
There are a few possible situations that could exist right now:
1. You and he owned the house as joint tenants with rights of survivorship (this must have been clearly stated in the deed), and there were no other owners. If that is the case, you automatically became the sole owner at his death and you should only need to produce a certified copy of the death certificate to show that you are the owner and can sell.
2. You and he were both listed on the deed, but it does not clearly state that you owned the property as joint tenants or with rights of survivorship. In that case, his interest is still part of his estate, and the executor or administrator of the estate needs to do a proper estate administration, including, but not limited to, a deed to transfer the ownership of his interest to you and to any other possible owners (heirs or beneficiaries).
3. He was the sole owner, in which case the whole house is now part of his estate. Again, the executor or administrator will need to administer the estate properly, and then execute a deed to transfer his interest in the house to the appropriate heirs or beneficiaries.
If part or all of the house became part of his estate but there has been some estate administration, then there could be other situations that exist. Please consult with an estate attorney in person so the attorney can figure out the situation and help you with whatever may still be needed.
If your husband died less than 2 years ago, you should file a petition for years support in your local probate court. Otherwise, you should file a petition to appoint administrator for your husband's estate in the county in which he resided when he died. You will ask that you be appointed as the administrator with full powers. Once you are the administrator, you can transfer his half of the house to his heirs by creating an Administrator’s deed. You have other duties as the administrator, but this will get the house transferred.
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