I am helping a friend during a very tough situation. Late last year her husband passed away and she wants to move back home to North Carolina (currently resides in Florida). My friend has received an affidavit of continuous marriage and the deed is now in her name. Her husband had no will and she doesn't know how to proceed with the sale of the home. Is the deed good enough? Does this need to go to probate? What things need to be in order before she can sell the home?
It sounds as if she and her husband owned the house as husband and wife and she received it completely when he died. No probate is needed for the home. She just needs to put it up for sale.
This answer does not constitute legal advice and does not create an attorney client relationship. The answer is for information purposes only and is based on the limited information you provided.
If they owned the home with rights of survivorship, or as tenants by the entireties then no probate will be needed as long as they acquired the home while married. If it was his prior to the marriage and he had a minor child and then transferred the home for less than fair market value then the deed would be invalid and it would need probate. As you can see, it is not a simple question and she should have someone review the facts. Most likely Hollyn's answer is correct, but there are several common circumstances where it might not be.
My comments are not intended to establish an attorney-client relationship, are not confidential, and are not intended to constitute legal advice. Proper legal advice can only be given by an attorney who agrees to represent you, who reviews the facts of your specific case, who does not have a conflict of interest preventing the representation, and who is licensed as an attorney in the state where the law applies.
If the deed was in both of their names with language indicating that they were married when they purchased it then the continuous marriage affidavit would be sufficient to transfer the property just into her name so that she could sell it if she wanted to . I would suggest speaking to the attorney that prepared the continuous marriage affidavit if you have questions about it.
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