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How do I sell a house that was jointly owned by my husband and me when he passed away recently?

1 Answers. Asked on Jan 07th, 2013 on Real Estate - Colorado
More details to this question:
My husband passed away in October. I have listed our house for sale that was jointly owned by my husband and me through a real estate company. What do I need to do to be able to sign the closing paperwork since the property was listed in both of our names?
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Dave Rich at Flatiron Legal Advisors LLC
Licenced in CO
Answered on Jan 08th, 2013 at 9:32 AM

I am sorry for your loss. If the property was held in joint tenancy with right of survivorship, you need to file what is callled a supplementary affidavit with the county to remove your husband's name from the title (the title company will likely want a copy of this as well). If he had less than $61,000 in net probate assets and no other real estate, you do not even need to go through probate - rather, you could use a small estate affidavit.

If the property was owned as co-tenants or tenants-in-common and/or he had more than $61,000 in non-probate assets, his estate will need to be probated to transfer the property. Feel free to call me for a free initial consultation if you have other questions. I hope this helps.  

Answering your question does not create an attorney-client relationship. Speak with an attorney before taking steps that may impact your rights.

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Real Estate
Real estate attorneys can help individuals, families and small business with all property-related legal issues. Buyers and sellers of residential and commercial real estate should work with an attorney to negotiate the terms of agreement; draft and review the contract; review related paperwork (such as loan agreements); clear existing liens on a property; and attend the closing. Lawyers can also assist property owners with addressing zoning/rezoning issues and appealing property tax assessment. Landlords and tenants should work with real estate law firms to draft and review lease agreement, handle eviction proceedings and resolve landlord-tenant disputes.
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