What can I do to sell a house that is in my deceased husband’s name?

UPDATED: May 25, 2011

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What can I do to sell a house that is in my deceased husband’s name?

My husband died without Will. I am a survivor with 2 children; he has 1 child in Colombia. His name has been removed from the house mortgage however he is still listed on the deed. I want to sell the house but I am not sure what I am going to need. The house does not have much equity in it. At the time of his death it had a the market value of $218,000 vs. the  loan of $213,000. Do I need to get a probate done in order to sell the house? Or do I get him off the deed in case I don’t sell and have to keep up with the mortgage using his 401k and life insurance. I was the only beneficiary listed.

Asked on May 25, 2011 under Estate Planning, Texas


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss.  Your question is a bit confusing in that you state at the end that you are the only "beneficiary listed."  Listed where?  On the deed?  Do you mean that you and he are named on the deed?  Does it also say "with right of survivorship?"  Then this would mean that you would inherit the property "by operation of law" automatically upon his death.  If you do not have rights of survivorship - and I can not see how that would be but it could happen - then half the property would pass in to his estate and be shared by you, your children and the child in Colunbia according to the Intestacy statutes in the state.  Please go get some advice from someone in your area.  Good luck to you.

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