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.
Divorce / Separation Lawyer
The court has the power to appoint someone, please check with a local attny. take care.
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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.
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