Selling of jointly owned property when one is deceased.

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Selling of jointly owned property when one is deceased.

My husband and I own a home in Arizona, titled in both of our names. He is now deceased and I want to sell my home. What are the requirements regarding his grown adult children by a previous marriage?
Thank you
Linda

Asked on August 7, 2016 under Real Estate Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If, as is very likely if you were husband and wife and the property was titled in both your names, you owned it as joint tenants with right of survivorship (JTROS), then the house automatically becomes entirely yours, as the surviving joint owner, when your husband passed. Therefore, his adult children would have no claim to it and you may disposs of it as you see fit. You probably want to have a copy of his death certificate handy for the sale, to show that the other owner passed and so it is solely yours.


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