If a couple owns a property, i.e both names on title and one of them passes away, does the property still have to go into probate or can the other spouse sell the property?
Not a lawyer but I do not that a lot wil have to do with how the Title is Vested. If they are listed as Joint Tenants then the property will pass to the surviving spouse. If not then there will probably have to be some work done to transfer title. In CA if it is less than $100k (their share) you can do a summary probate and speed up the process..... sounds like you need to find a probate attprney in your area to get the advise you are looking for..
I don't know about FL but this certainly is state specific. Here, as long as they owned the real estate jointly, nothing at all needs to be done. when the surviving spouse sells the property, they just present a death certificate and the deed is typed up to reflect that
In the one case I experienced, the surviving spouse did not have a copy af the Death Certificate, and the Title Company obtained a Copy from the pertinent State Agency in Tallahassee.
No problems there.
[addsig]
Get a copy of the deed and see what it says. It might say A and B as joint tenants or it might say A and B as tenants in Common or even A and B as trustee.
Once you know how title is held, then an attorney can tell you whether probate is needed.
Not a lawyer but I do not that a lot wil have to do with how the Title is Vested. If they are listed as Joint Tenants then the property will pass to the surviving spouse. If not then there will probably have to be some work done to transfer title. In CA if it is less than $100k (their share) you can do a summary probate and speed up the process..... sounds like you need to find a probate attprney in your area to get the advise you are looking for..
Thanx BMan - I will try getting ahold of one. By any chance, is there anyone out there who would know how this situation would work in Florida?
I don't know about FL but this certainly is state specific. Here, as long as they owned the real estate jointly, nothing at all needs to be done. when the surviving spouse sells the property, they just present a death certificate and the deed is typed up to reflect that
In the one case I experienced, the surviving spouse did not have a copy af the Death Certificate, and the Title Company obtained a Copy from the pertinent State Agency in Tallahassee.
No problems there.
[addsig]
Get a copy of the deed and see what it says. It might say A and B as joint tenants or it might say A and B as tenants in Common or even A and B as trustee.
Once you know how title is held, then an attorney can tell you whether probate is needed.
GOOD LUCK
BOB FORD
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