|Lawyers.com > Discuss Your Legal Issue > Ask a Lawyer > Real Estate > How do I sell a house that was jointly owned by my husband and me when he passed away recently?|
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.
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