Skip to main content

Do I need to go to probate court to sell house after my fathers death

Springfield, MO |

death of father who had a quick claim deed that states fathers name as a single person, and my name and my husband as joint tenants and not as tenants in common. can I sell the house without going to court? my dad had no will, and no other assets. I have 2 brothers. nothing is in dispute. no debts, house is paid for.

Attorney Answers 4


  1. I cannot tell from your recitation of the facts whether all three of you were joint tenants with right of survivorship, or just you and your husband. If all three of you were included with right of survivorship, then you would record your father's death certificate with the county recorder and you and your husband would own the property outright. It your father owned his interest in the house separately and only you and your husband owned as joint tenants, then you would have to probate as to your father's interest.

    Please note that I am answering this question as a service through Avvo but not as your attorney and no attorney-client relationship is established by this posting. An attorney-client relationship can only be established through signing a Fee Agreement and paying the necessary advanced fees.


  2. I agree with Attorney Reed. You should be all right without having to go to court, as long as the QUIT Claim Deed says what you indicate it does. You may want to run this by a title company to make sure they will accept the deed.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!


  3. Upon the death of one party to property in joint names, the survivors own the property and can sell it, mortgage it, or do whatever they wish. They automatically become owners without probate, but need to file an "Affidavit of Joint Tenancy" to remove the deceased person's name from the title.

    This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.


  4. Generally in Florida you should probate the estate, as an "intestate". The problem with sale is more one of buyers getting a loan to purchase a property and a title company may be unwilling to write insurance on the transaction. An order from the probate court alleviates the problem.

    None of this response should be taken as legal advice as there is not enough information available to give legal advice. nor is this an appropriate forum to provide confidential legal advice. The answer provided is only intended to alleviate some of your fears so you can sleep and move forward.

Real estate topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics