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Wife dies with will, how to sell property

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smithacres Joined: 15 Sep 2009 Posts: 1 1.47 Dollars($)	Posted: Tue Sep 15, 2009 4:06 am    Post subject: Wife dies with will, how to sell property Like 0 Dislike 0 The wife dies in Texas no more than three years ago. The wife had a will leaving everything to her husband. The house and land are jointly owned by husband and late wife and is completely paid for with no leans. The buyers want to pay cash so no mortgage is needed. Husband wants to sell land and property jointly owned by both of them with as little expense and paperwork as possible. First: Does the husband need to probate the will or can he just admit the will as a Muniment of title and can he do this without a lawyer? Second: What is the bare minimum paperwork that the hsuband can do to sell his home? A contract sent from a real estate lawyer was over thirty pages long. The husband said he has bought and sold lots of property and he never needed that much paperwork and he basically refuses to sign all of it. Third: The buyers are paying for a title search in addition to paying both sides of the closing cost (since the husband does not want to pay a penny out of his pocket to sell the home). Will the title search be enough to ensure that the property legally becomes the buyers with no repercussions in the future, or are there other steps the buyers should take to protect themselves? Lastly: Can an individual do a title search without a lawyer?
smithsussane Joined: 18 Sep 2008 Posts: 10030 Location: Alaska 919.49 Dollars($)	Posted: Tue Sep 15, 2009 8:58 pm    Post subject: Like 0 Dislike 0 Hi smithacres! Welcome to forums! The husband will have to probate the will in order to transfer the property solely in his name. Once he does so, then he would be able to sell off the property. In order to sell off the property, he needs to transfer the property deed in the new owner's name. It would be better if he takes the help of a real estate attorney in doing so. The paperwork that the husband signs now will make the deal secure for him. Individuals can contact the county recorder's office for a title search. It will help the buyer to know whether or not the property has any kind of liens on it. Feel free to ask if you've further queries. Sussane

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