Probate without a will
Posted 20 February 2013 - 09:13 AM
Posted 20 February 2013 - 09:27 AM
And how exactly was the property owned? Tenants in common? Joint tenants with right of survivorship? Tenants by the entirety?
Posted 20 February 2013 - 12:08 PM
Posted 21 February 2013 - 07:08 AM
Posted 21 February 2013 - 07:30 AM
Therefore, sole ownership would have passed to the surviving spouse by operation of law rather than through probate.
My experience has been that the surviving spouse would only have to present the deceased spouse's death certificate as evidence that the surviving spouse has sole ownership and legal authority to sell the property. I don't know if that is the case for Missouri. The surviving spouse should probably check with a local real estate attorney and/or a title company to be certain what will be acceptable proof that the surviving spouse has the right to sell the property. At the end of the day, it is what the buyer's lender and the title company (and the buyer's attorney, if the buyer has one) will accept.
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