If I own this home jointly and I have a copy of the joint owners death certificate, will I be able to sell this home without doing anything special? Or will I need to quit claim him off the deed first before I can proceed with the sale? Can my realtor handle all this for me once I find the buyer or would it be better do take care of whatever is needed at this minute?
2007-08-28 06:05:14 · 5 answers · asked by pc 1 in Business & Finance ➔ Renting & Real Estate
I'm not understanding what is an "executor of the estate"?
The deceased is my father and he had no will of any sort.
2007-08-28 06:45:52 · update #1
Has the estate gone through probate? If so, who inherited the deceased person's share of the house? If the joint ownership was set up giving you "survivorship," have you followed up with the registrar of deeds?
There are too many variables here for anyone to give you a definitive answer. Consult an attorney.
2007-08-28 06:18:38 · answer #1 · answered by nightserf 5 · 1⤊ 0⤋
All states vary regarding procedures on what to do by heirs and parties claiming an interest in the decedent's estate and when someone dies. There is usually a personal representative in charge of handling the estate and there are laws that stipulate when a title passes without needing probate. You might want to check with the personal representative of the estate or an attorney versed in probate.
Here is a link where you can find what the laws in your state say.
Probate Laws – All States
http://estate.findlaw.com/estate-planning/probate-court-laws/estate-planning-law-state-probate.html
Best of luck
2007-08-28 13:20:11 · answer #2 · answered by newmexicorealestateforms 6 · 1⤊ 0⤋
the Executor for the Estate of the deceased person has all the power to sell or otherwise dispose of the deceased's interest in the property.
the sole exception would be if your title says something like "joint ownership with right of survirorship", in which case the surviving partner receives full ownership [less pro-rated estate taxes, if any] on the death of the other partner.
Who is the Executor?
2007-08-28 13:15:07 · answer #3 · answered by Spock (rhp) 7 · 0⤊ 0⤋
This really is a job for the estate lawyer, not the realtor.
2007-08-28 13:10:12 · answer #4 · answered by Anonymous · 0⤊ 0⤋
some one is going to have to clear the title before being sold, most likely the re agent can not do it, you will need to pay a title company or do it your self, go down to the local clerk office and see what is need to change the title into solely your name only
2007-08-28 14:07:06 · answer #5 · answered by goz1111 7 · 0⤊ 0⤋