Is there anyone that can be authorized to sign on behalf of deceased when disposing of real estate in a community property state

Asked over 1 year ago - Palmdale, CA

I am a real estate agent and I have a transaction I'm working on in California, a community property state. The sellers on title and the loan are a man and his deceased wife. Two days before the close of escrow, the bank is requiring someone to sign on behalf of the deceased wife (on the closing HUD), a person authorized to do that. I want to show the bank that in a community property state, the husband's signature is enough to dispose of the loan and the property in this sale. Please advise what code or law shows that he can administer the estate (the house in this case) without have to go through probate, in case where there is no will; or, that there is no way to give a person authorization to sign on the decedent's behalf in this case.

Attorney answers (2)

  1. Howard M Lewis

    Pro

    Contributor Level 20

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    Lawyers agree

    8

    Answered . The court has the power to appoint someone, please check with a local attny. take care.

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to... more
  2. Michael Raymond Daymude

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . Unless you can clear title because the husband and wife owned the property as joint tenants and therefore the husband can prepare and record an affidavit of death of joint tenant to clear title -- you're looking at a probate proceeding to clear title.

    I am licensed in California only and my answers on Avvo assume California law. Answers provided by me are for... more

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