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cafrancis1 · Joined: 17 Mar 2009 Posts: 2 1.31 Dollars($)

when a spouse dies and the house is not in the will does the surviving person need a death...certificate to sell the house

sara · Posted: Wed Mar 18, 2009 2:13 am Post subject:

Hi cafrancis,

If the surviving person's name is not on the property deed, then he/she will have to submit the death certificate at the county recorder's office and file an affidavit of heirship. Then he/she will be able to transfer the property in his/her name. Once the property is transferred in the surviving person's name, then he/she will be able to sell the property.

However, if the surviving person's name is on the property deed, then he/she will have to record the death certificate at the county recorder's office and remove the deceased person's name from the deed. Then he/she will be able to sell the property.

Take Care.

savior70 · Posted: Sat Mar 28, 2009 6:42 am Post subject:

Hi

A death certificate is definitely required. If there is no will, the surviving spouse needs to file an affidavit of heirship with the county recorders office, along with the death certificate so the property can be transferred to the surviving spouse's name. However, in case of a community property, the survivng spouse will inherit the porperty-share of the deceased through the right of survivorship.

Guest

My spouse is decesed and his name is on my property deed are his kids intiled to half of my propety because their father name is on my deed they are grown kids. And they are trying to take everything that I own.

jameshogg · Posted: Mon Aug 31, 2009 9:03 pm Post subject:

Hi Tamara,

Your deceased spouse's kids are the heir to the property. As their father's name is on the property, they can claim their share of the property after their father's death. However, they won't be able to take everything as you are the part owner of the property.

Thanks

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