Home Selling in 75252>Question Details

rbk, Home Seller in Dallas, TX

If a house is currently in the name of an estate of a deceased person, is it necessary to transfer it to the beneficiary's name before selling?

Asked by rbk, Dallas, TX Tue Jul 23, 2013

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When my mother passed away, her home was left to my brother and I. Our attorney said that the county trustee's office would change the names on the deed, to allow either for the sale of the property or for property taxes to be assumed by us. The situation may be different in your state, however, so consulting an attorney is indeed the best response.
0 votes Thank Flag Link Sun Jul 28, 2013
There are elements of accuracy in all of the foregoing responses, in my opinion. And yes, my opinion is just that – an opinion. I am not a lawyer and am not familiar with Texas law in regard to the transfer of real estate after death of the owner.

But…the decedent cannot sell the property so it needs to be determined who can. Ownership cannot be transferred to a buyer (new owner) until the current owner is determined.

If you are the rightful owner you can sell the property but you will have to furnish proof of ownership in order to close the sale.

Did the deceased leave a will? Was the property held in a trust? Did the deceased die without a will?

If you don’t know the answer to those questions – and even if you do know the answers – you probably need the help of an attorney.

If you are using a Realtor to sell the house, the Realtor should be able to guide you to a title company and/or attorney for assistance.
0 votes Thank Flag Link Tue Jul 23, 2013
I agree with the others, the safest way to make sure you proceed correctly is to contact an attorney, or if the property has a mortgage, contact the bank who holds the note. They can probably help you thru the process.
0 votes Thank Flag Link Tue Jul 23, 2013
It will depend on the will....in most cases probably not.

We just need our attorney to look at it to see.

Was there a will? Was it probated?
0 votes Thank Flag Link Tue Jul 23, 2013
Bruce Lynn, Real Estate Pro in Coppell, TX
That is a legal question and would be best handled by a real estate attorney or call any title company.
0 votes Thank Flag Link Tue Jul 23, 2013
Confer with the attorney who is settling the estate. The authority to list a home for sale must be confirmed by the Realtor. Happy to assist you .

Lynn911 Dallas Realtor & Consultant
Multimillion Dollar Sales Producer
http://www.lynn911.com 100's of Dallas homes listed for sale or lease

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0 votes Thank Flag Link Tue Jul 23, 2013
No. I specialize in buying estate/ distressed properties and generally how these transactions work is the title company will uncover any issues in title. If probate is required, then the sale will need to wait until probate has been completed. Heirship affidavits are also used from time to time.

kevin d. brown
owner-kdb properties
0 votes Thank Flag Link Tue Jul 23, 2013
You really should be consulting with your attorney...
0 votes Thank Flag Link Tue Jul 23, 2013
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