Selling property after death

What is the name of your state? Texas

If you and your spouse own residential property jointly and the spouse dies, what do you have to do to sell the property? Both names are on the property and the will has not been probated.

Deed to the property will need to be officially changed during probate to just the one name of the surviving spouse.

Dandy Don said:

Deed to the property will need to be officially changed during probate to just the one name of the surviving spouse.

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**A: why are you not asking what the tenancy was? If it was T/E or J/T then the property would not be subject to probate?

In our state, if a property has title vested EITHER as joint tenants, or merely states "husband and wife", which presumes joint tenancy, then a simple "termination of Joint Tenancy" Form can be filed. Often it is provided to the Register of Deeds simultaneously with the transfer deed to end buyer, all done at the same RE closing. Or before, but if before, be certain to have your title company record it so it does not fall into the "recording gap" and can't be shown in time for your closing.

Accompanying the Termination of Joint Tenancy is a certified copy of the death certificate of the deceased Jt. tenant plus a property tax bill for year of death. THe particular requirements of your RODs office can likely easily be obtained by phone call. As stated, probate is unnecessary IF the property is held in Jt. Tenancy.

Dandy Don

Dandy Don are you around?

Why are you asking for my input when other excellent and definitive answers have been given, including yours? Yes--I admit it--I am woefully inadequate when it comes to questions about tenancy!!!

Dandy Don said:

Why are you asking for my input when other excellent and definitive answers have been given, including yours? Yes--I admit it--I am woefully inadequate when it comes to questions about tenancy!!!

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**A: thank you.