Will I be able to sell my late father's property if I have the title deed with me and it has his name on it and if not what requirements do I need? 23 Answers as of September 10, 2013

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Law Office of Thomas C. Phipps | Thomas C Phipps
If the title was in his name only, you will have to open an estate in probate court.
Answer Applies to: Missouri
Replied: 9/9/2013
O'Keefe Legal Services, L.L.C.
O'Keefe Legal Services, L.L.C. | Sean P. O'Keefe
In Maryland, unless the deed says the property passes to you after his death, you likely do not have personal authority to sell the property. While reviewing the deed is the first step to determine what to do, if no one is designated in the deed to receive the property (and there is no trust owning/managing the property), then someone should petition to administer his estate because the property should be a probate asset. The personal representative of the estate should then have the authority to transfer the property to the beneficiary under a will, or to heir(s) (often spouse and children) if there is no will, or sell the property if that is what the heir(s) wants. You may be able to petition to become the personal representative to begin the estate administration process to try to sell the property.
Answer Applies to: Maryland
Replied: 9/9/2013
Edward L. Armstrong, P.C. | Edward L. Armstrong
It depends on how long ago your father died. If more than a year has passed you cannot open an estate in probate court. You may need to file a "determination of heirship" action to vest title in yourself. If there are other family members, they may be entitled to their portions of the property and they must be given notice of the proceeding. For example, if you have a brother and sister, they must be given notice of the heirship proceeding and be hear in court along with yourself. You will need an attorney to help you with this. You may be responsible for any of your father's unpaid bills.
Answer Applies to: Missouri
Replied: 9/6/2013
Christine Sabio Socrates Attorney at Law | Christine Socrates
If the property is in your father's name alone with no beneficiary designated then you will need to open a probate estate to get the property transferred. If he has a will, then the will would dictate who gets the property and other assets. If not, the probate laws would dictate who receives his assets. If he has a surviving spouse and other children, and no will, then they would also share in the distribution of assets.
Answer Applies to: Ohio
Replied: 9/5/2013
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
Depending upon the value of the property, you will need to initiate probate proceedings to sell the property of a decedent. Contact a probate attorney to learn about the probate process.
Answer Applies to: California
Replied: 9/4/2013
    Irsfeld, Irsfeld & Younger LLP | Norman H. Green
    You need to hire a lawyer, file a petition for probate and administer his estate.
    Answer Applies to: California
    Replied: 9/3/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    A deed to real property is not a certificate of title like your car title. The deed is a transfer from person A to person B, and, when recorded, establishes that person B now owns the property. Having the deed in your hand doesn't change that. You will have to open probate of your father's estate in order to sell his property.
    Answer Applies to: Oregon
    Replied: 9/3/2013
    Danville Law Group | Scott Jordan
    Is it real property or personal property? If real property, you will need to file a petition for probate, obtain letters testamentary and then you can sell the property and distribute the proceeds to the beneficiaries. If it is personal property (such as a car), you will need to wait 40 days from his death and then transfer title through the DMV to someone else.
    Answer Applies to: California
    Replied: 9/3/2013
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    You will need the assistance of a probate attorney to obtain the title into your name before you can sell the property or otherwise transfer title, as you do not have any title.
    Answer Applies to: California
    Replied: 9/10/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    It depends on 1.how long he has been deceased 2. if he left a Will 3. whether you are his sole heir at law 4. whether there are any liens against the property.
    Answer Applies to: Oregon
    Replied: 9/10/2013
    Kokish & Goldmanis, P.C.
    Kokish & Goldmanis, P.C. | Bernard H. Greenberg
    No. If the deed has his name on it and he has passed away, you will need to open a probate estate first.
    Answer Applies to: Colorado
    Replied: 9/10/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If his name is on the property as the owner, unless you are listed as a joint tenant with rights of survivor ship or as the Pay on Death beneficiary on the deed, you need to go through probate to sell or transfer tile. You should meet with an attorney where the real property is located. Best of luck to you. There is quite a bit involved, it does not just involve a simple transfer. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 9/10/2013
    James Law Group
    James Law Group | Christine James
    You must file a Petition for Probate and distribute to yourself and any other heirs before you can sell it. You will be able to sell during probate as administrator/executor but a Probate must at least be pending for you to be able to sell it.
    Answer Applies to: California
    Replied: 9/10/2013
    Gates' Law, PLLC | Thomas E. Gates
    You first need to be appointed the executor of his estate. Under probate, you will be able to settle his estate.
    Answer Applies to: Washington
    Replied: 9/10/2013
    Estrada Law P.C. | Michele Ungvarsky
    No, you should probate the estate (your father's belongings are his estate) and get the title placed in your name.
    Answer Applies to: New Mexico
    Replied: 9/10/2013
    Frederick & Frederick PLC | James P Frederick
    You would need to go through probate in order to get legal authority to sell the property. This is complicated enough that it is generally best to retain an attorney to assist you.
    Answer Applies to: Michigan
    Replied: 9/10/2013
    Geoff Germane, Attorney at Law | Geoff Germane
    You cannot sell property titled in his name without being appointed as his personal representative. You will need to open a probate proceeding to get appointed by the court.
    Answer Applies to: Utah
    Replied: 9/10/2013
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    You need to demonstrate that you have the right to sell that property. If your father had a will, you need to go to probate court. If there is no will, then you have to follow the guidelines set forth in the probate court. You didn't mention if the father was married, or if there are other children, so I can't tell you what to do at this point.
    Answer Applies to: Texas
    Replied: 9/10/2013
    Ben T. Liu Law Office
    Ben T. Liu Law Office | Ben T. Liu
    If the deed just has his name, you will have to probate his estate.
    Answer Applies to: Michigan
    Replied: 9/10/2013
    The Law Offices of Juliet Gavriel
    The Law Offices of Juliet Gavriel | Juliet Gavriel
    It depends what other family members your father had that are alive. Potentially, you could sell it as one of the heirs. The person purchasing the house must have his title company clearing the issue and request an affidavit from you that there are no other beneficiaries such as a wife or children of your deceased father.
    Answer Applies to: New York
    Replied: 9/10/2013
    Attorney At Law | James G. Maguire
    You need to speak with a probate lawyer. Title will have to be transferred to you before you can sell the property.
    Answer Applies to: Louisiana
    Replied: 9/10/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    You will need to probate your father's estate to place the property in your name (if there was no will and you are his only heir). If there are other heirs, the property will be divided evenly amongst all heirs and each of you will have to agree to sell the property.
    Answer Applies to: Florida
    Replied: 9/10/2013
    Law Offices of Charles R. Perry
    Law Offices of Charles R. Perry | Charles R. Perry
    You cannot sell the property without some record allowing you to sell the property for instance, as administrator of the estate in a probate proceeding, as trustee of your father's trust, or after a transfer to you without probate.
    Answer Applies to: California
    Replied: 9/10/2013
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