Legal Question in Real Estate Law in Virginia

My husband recently passed away and I need to sell my house

My husband passed away in January without a will. I am moving out of state and am trying to sell my house. The title to the house is in both our names. Are there going to be any problems since his name is still on it? What exactly am I supposed to do?


Asked on 6/11/06, 10:59 am

1 Answer from Attorneys
Daniel Press Chung & Press, P.C.

Re: My husband recently passed away and I need to sell my house

If you owned it by the entireties or jointly, you will have to provide a copy of the death certificate to the title company. If your husband owned it alone (or in the unlikely event you owned it as "tenants in common"), you will have to file a declaration of heirs in land records (which assumes you are the legal heir - which you would be if he had no children from a prior marriage).

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Answered on 6/11/06, 11:10 am


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