Selling a house when one owner dies can be complicated without proper estate planning. If the deceased had a will or trust, the designated beneficiary inherits the property. Lack of such documents leads to probate, where the court handles debts and asset distribution. Ownership rights depend on the deed; if another owner is listed, they retain rights. Potential sellers must be rightful heirs and understand their state's laws before proceeding with a sale, particularly if the house was only in the deceased's name.
When a homeowner dies, if there's more than one owner, the other owner holds all rights to the property if their name is on the deed to the property.
If the owner doesn't have a will or a living trust, the property goes through the probate process, where debts of the deceased are paid off and their assets are distributed.
To sell the property of a deceased loved one, you must be the rightful heir to the inherited property and have the legal transfer of ownership.
If the house is titled solely in the deceased's name, you cannot sell it or claim ownership before beginning the probate process.
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