Your husband’s death can be one of the most heart-wrenching challenges you’ll ever face. On top of the emotional toll, you must navigate the laws surrounding his property to proceed with your personal financial affairs.
One question you may have: Can a wife sell a deceased husband’s property?
If you are named as the property’s beneficiary in your husband’s will, you likely have the right to sell your deceased husband’s property. However, you must first ensure the recorded title is updated to remove his name, officially transferring ownership to you.
When a husband passes away, a lot of work is required to settle his affairs. The process for handling property depends on whether you owned it jointly, your husband left a will, or other legal factors. This guide explains:
What happens to property if your spouse dies.
Whether you can sell property after your husband’s death.
How to plan with Trustworthy.
What Happens to Property If My Spouse Dies?
In most cases, the will dictates what happens to a spouse’s property. You’ll need to review the will with an attorney to determine your rights. However, if your husband didn’t have a will, you may automatically inherit the property, depending on your state’s laws.
What Does the Will Say?
Estate plans often include identical wills where each spouse is named as executor and beneficiary. If your husband’s will grants you ownership, you can usually execute the will and take sole ownership. Make sure you have a copy of the will to confirm your rights.
What If There's No Will?
When someone dies without a will (intestate), the property passes according to your state’s intestate succession laws. A family member must step forward to act as the estate’s representative. Community property usually goes to the surviving spouse, but separate property may be divided among other relatives.
Consulting a trust attorney is essential if your husband died without a will or trust, as probate laws will apply.
Can Wife Sell Property After Her Husband's Death?
Selling property after a spouse’s death depends on ownership type and legal processes. Here are common scenarios:
1. Revocable Living Trust
If your husband placed the property in a revocable living trust, selling it is relatively simple. You’ll need to file a signed affidavit with the county and provide his death certificate to transfer the title.
2. Community Property vs. Separate Property
Community property includes assets acquired during the marriage and belongs equally to both spouses. Separate property, however, includes assets owned before the marriage or acquired by inheritance or gift. The type of property affects whether you can sell it outright.
3. Joint Ownership
If you held property jointly with your husband, the right of survivorship may automatically pass his share to you. However, if the property was held as tenants in common, his portion could be left to someone else.
4. Joint Tenancy
Suppose you own the property in joint tenancy, also known as joint tenancy with the right of survivorship. In that case, the property automatically belongs to you as the surviving spouse when your husband dies, no matter what his will states.
However, if you own the property in a tenancy in common, your husband can leave his half-interest to someone other than the spouse. You can record an Affidavit of Death of Joint Tenant in the county records office to clear his title to the property.
The affidavit establishes the facts necessary that you own and can sell the entire house as the surviving spouse.
5. Sole Ownership
If you want to sell the property, but the title is in your deceased husband’s name, you must petition the court for a court order establishing ownership for you as the surviving wife.
Suppose your husband didn’t have a will or had a will stating that his interest in the property passes to you. In that case, you can undergo an abbreviated procedure called a Spousal Property Petition to transfer your husband’s interest to yourself. This is a faster alternative to the probate process.
6. Contact an Estate Attorney
Because state laws vary widely, consulting an estate attorney is the best way to determine your rights and ensure the sale process is handled correctly.
Plan Ahead With Trustworthy
In summary, the designation of your husband’s property depends on a combination of state law, your husband’s last will and testament, his revocable living trust, irrevocable trusts, payable-on-death account designations, and much more.
Therefore, the best way to handle post-death financial affairs is to prepare for the future with an innovative tool like Trustworthy.
Trustworthy helps families organize, store, and securely share estate planning documents. By using Trustworthy, you can ensure critical documents are always accessible, making it easier to determine your rights and act promptly when needed. Beyond estate planning, Trustworthy provides a secure way to manage IDs, passwords, and other vital family files.
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Trustworthy is an online service providing legal forms and information. We are not a law firm and do not provide legal advice.
