Question:
My father died 6 years ago. My mother is now ready to sell the property/house. Both of their names are on the deed/title. After his death she never went through probate. Will there be a problem in selling the property because of this?
Answer By William Bronchick:
If the property was held as "joint tenants with right of survivorship" or "tenants by entirety," the property passes outside probate. You need only present and record a death certificate. If the property is held as "tenants
in common," the property will need to go through probate.
Disclaimer: The foregoing is not intended to be given as legal, financial or tax advice, but intended for instructional use only. If you require legal, financial or tax advice you should seek the assistance of a qualified professional.
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