E195 How to Sell A Deceased Person's House

<p>Quite often we are asked by family members and heirs what the process is to sell a deceased person’s home. It can be a complex and typically you should have a lawyer, but this blog shares a general understanding of how it works and what you can do to get started.</p> <h2>Did the Deceased Own Property?</h2> <p>While most people assume that the decedent owned their home, we have seen on many occasions that isn’t the case. For example, they may have been renting or owned the home jointly.</p> <p><img class="aligncenter size-medium wp-image-9048" src= "https://anthonyspark.com/wp-content/uploads/2020/11/deed_records-300x169.jpg" alt="Did the Deceased Own Property?" width="300" height= "169" /></p> <p>The first thing you should do is look up the deed. This is actually easier than you think. Most counties have online searching capabilities, and a quick Google search will help you find the right place (the New York City system is called <a href= "https://www1.nyc.gov/site/finance/taxes/acris.page" target= "_blank" rel="noopener noreferrer">ACRIS</a>). By pulling the deed, you will be able to confirm if the property was owned by the decedent, owned along with another person, or owned by someone else.</p> <h3>Two Names on Deed, One Person Dies</h3> <p>You may discovery that the decedent owned the property along with another person. If it’s a husband and wife, then you generally don’t need to do anything in terms of probate. The house will simply go to the wife.</p> <p>Similarly, if it is a Joint Tennant deed, wherein two people are the joint owners. Using Jack and Jill for this example, then the house would be solely owned Jill if Jack dies, without having to go to probate court.</p> <p>Lastly, the deed may say that Jack and Jill are the non-married owners or Tenants in Common. If that’s the case and Jack dies, then Jack’s estate still owns 50% of the property. You would have to go to probate court to deal with Jack’s half.</p> <h3>What Happens to House in Trust After Death?</h3> <p>Another scenario you may discover wh