Q: If I have deceased family on the deed and I want to sell property how does that process go
A:
Hi. Handling a deceased person's property all depends on how they were listed on title. Depending on how the deed is titled, sometimes this requires opening an estate, sometimes the people remaining on title have immediate sole ownership, allowing them to sell or otherwise deal with the property without court intervention.
Where someone dies owning property titled in their own name alone, it almost always requires opening an estate. The court will appoint a Personal Representative who has authority to sell property and disburse proceeds according to the will (or laws of intestate succession).
Where someone dies owning property jointly, the necessary steps vary depending on what type of joint ownership existed. For instance, "joint tenants with rights of survivorship" means the other surviving owners immediately have full rights to sell or otherwise dispose of the property. When someone dies owning property as a "tenant in common," then typically some of the property goes through the probate estate under the control of the Personal Representative.
You're encouraged to reach out to an attorney who can review the deed(s) at issue and discuss what needs to be done in your particular situation. While I hope the general information in this online post helps, it is not intended to take the place of specific legal advice.
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