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Can a property be sold if one party on the title has passed away, They do have the death certificate which was issued in Fl.

Saint Petersburg, FL |

They bought a condo here in Florida, are both British citizens and live in UK. There was no will in USA and this is the only thing they have in USA.

Attorney Answers 3

  1. Best answer

    Assets titled indvidually in a decedent's name must be probated. But as previously suggested, the deed's language will determine your answer. If owners were tenants in common, the decedent's share will require probate because the person who had the authority to deal with the property is now deceased. WIth no will in probate, the property passes to surviving family members according to Florida's intestate laws. If there are rights of survivorship in the deed, then the surviving owner automatically becomes the sole owner. I hope it works out.

    The answer provided does not create an attorney-client relationship, nor is the answer provided intended to be relied upon as legal advice. The information provided by the questioner is insufficient to serve as the basis for meaningful legal analysis. It is the questioner's responsibility to seek legal advice from an attorney who has had the opportunity to be familiarized with the full details of the questioner's case. By providing these answers, I am not obligated to respond to any subsequent communication from the questioner. If the questioner would like me to serve as their legal counsel and render legal advice, they will have to sign a retainer agreement.

  2. A Probate administration will be necessary in order to sell the property unless the property was held in a Revocable Living Trust. Probate is a court process where the property will be transferred to their beneficiaries.

  3. It depends upon whether the property was held as tenants in common or as joint tenants with rights of survivorship.. If tenants in common, they need probate. If joint tenantw with rights of survivorship, they do not.

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