I need to sell my deceased wife’s real estate, must I open up a probate?

UPDATED: Oct 1, 2022

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I need to sell my deceased wife’s real estate, must I open up a probate?

My wife recently passed away and owned a house. I would like to sell this property. The mortgage company is reluctant to list me as a concerned party even though I have supplied all requested documentation. Does this matter need to go to probate? There was no Will to direct what should happen. The property has her listed on the deed.

Asked on October 4, 2018 under Estate Planning, Nebraska


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss. Generally speaking, you need to file an Intestate Probate Petition.  Your wife dies without a Will and the intestacy laws in the state apply to her assets.  The house is her asset.  You as survivng spouse have priority. You need the authority of the Court to transfer. That authority is given the Personal Representative who is appointed. Good luck.

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