If someone passes away and they own a home, how do thier children put the home in their name so that they can sell it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If someone passes away and they own a home, how do thier children put the home in their name so that they can sell it?
Asked on June 19, 2012 under Estate Planning, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
I am so sorry for your loss. Some one needs to be appointed as the personal representative of the estate of the the parent by filing a petition in the probate court in the county i whcih the parent resided at the time of their death. If the children just want to sell the property then they do not have to transfer it in to their name to do so. The personal representative can put the home on the market and transfer the proeprty directly to the buyer. A transfer in either event is done via executor's deed to the new owner or owners. You would save recording and transfer fees by only doing it once. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.