Posted by Jimmy on August 18, 2007 at 06:47:29:
the answer depends on the laws of the state in question. there could be a summary or affidavit procedure which can get title changed. let’s hope so, because these procedures are quick and easy. if not, you may have to open a probate to get title changed. talk to a T & E attorney (trust & estates).
Property in deceased spouse name - Posted by Rlynne
Posted by Rlynne on August 17, 2007 at 18:49:56:
State of Texas property question:
How can my mother sell property that my father owned at time of his passing? Don’t know if this helps any but mother and father were married at time of death. Property is still in my father’s name.
title co can help you here - Posted by John Merchant
Posted by John Merchant on August 19, 2007 at 16:39:26:
Have your Mom call and order a preliminary title commitment on the property.
Then, with your Mom’s written, notarized and signed authorization (I hereby authorize Rlynne to get any and all information on 1313 13th St, Duckville CA from Duckville Title Co*), then you, with that T Commitment in hand, can have a little chat with one of the title officers there at that T Co and find out just what they’d require for your Mom to sell that property to a new buyer.
Her only expense thus far would be for the preliminary title commitment and I’ll guarantee that’s gonna be cheaper than any pvt atty’s fee to get the same info.
Either your Dad had a Last Will or he didn’t. If he did have, and your Mom can find it, then she’ll probably need to file it in Probate Court there where the home is situated and probate it.
If no Last Will can be located, then she’ll likely need to file an Application for Intestate (no Will) Administration to obtain a court order to pass the title to her under TX Community Property law.
But again, the T Officer at the T Co can tell her exactly what they’ll require to pass good title to a new buyer.
Good luck getting the needed info.
*My example here is Donald Duck’s old home in Duckville, and undoubtedly that’s in CA…where else could it be? 