House is still in deceased spouses name. How do I buy?

3 Replies

So I have a seller who wants to sell his house BUT it's in his wife's name who passed away 2 years ago. He said he has the right to sell it. I haven't experienced this yet. Is there anything I need to look out for or put in the contract? What do I need to do in this situation?
Originally posted by @Braden Souder :
So I have a seller who wants to sell his house BUT it's in his wife's name who passed away 2 years ago. He said he has the right to sell it. I haven't experienced this yet. Is there anything I need to look out for or put in the contract? What do I need to do in this situation?

Get it under contract subject to marketable title, then get the contract into escrow and get the title report rolling. Title will let you know and the seller what they need. Could be as simple a death cert and some kind of affidavit. Could be as complicated as a full blown probate case. Let title do the work.

Originally posted by @K. Marie Poe:
Originally posted by @Braden Souder :
So I have a seller who wants to sell his house BUT it's in his wife's name who passed away 2 years ago. He said he has the right to sell it. I haven't experienced this yet. Is there anything I need to look out for or put in the contract? What do I need to do in this situation?

Get it under contract subject to marketable title, then get the contract into escrow and get the title report rolling. Title will let you know and the seller what they need. Could be as simple a death cert and some kind of affidavit. Could be as complicated as a full blown probate case. Let title do the initial work and ask for what they need.

If spouse is not on deed, an estate must be opened and probated. If spouse is the executor than he can sell you property while in probate.Good Luck