Properties owned by my brother and I

UPDATED: Oct 2, 2022

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Properties owned by my brother and I

My brother and I own two properties together. Both names on the deed. My brother recently passed away. What steps do I need to take to sell both properties.

Asked on August 14, 2019 under Real Estate Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you and he owned it as "joint tenants with right of survivorship" or JTROS, on his death, you became sole owner by operation of law and how you and he owned it. When one JTROS dies, the other gets his or her interest immediately and automatically. You can sell it right now, but should have his death certificate available to prove that you the sole owner and so have sole authority. No probate is needed.
If you and he owned it as tenants in common, you have to get his 50% transferred over to you--assuming it does go to you; he might have willed it to someone else, or if he had a spouse or children, they would inherit his 50%. Whomever will inherit it--you (if willed to you, or if there is no will and he had no spouse or children) or someone else--will not be the owner until the property goes through the probate process and is transferred to the heir's or beneficiary's name. Someone (presumably you) will have to apply to the court to be named the personal repressentative for the estate and you initiate the probate process.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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