Legal Question in Wills and Trusts in Oklahoma

spouce dies property not probated

property in both husband and wifes name husband dies property was never probated. does it have to be probated in order for wife to sell property or transfer title to child.

Asked on 5/29/05, 7:38 am

1 Answer from Attorneys

Don McFarland McFarland Law Office

Re: spouce dies property not probated

It depends. Look at the provisions of the deed to the property. If the property was granted to the husband and wife as joint tenants, the wife can file an affidavit which establishes conclusively of record the death of the husband. If the affidavit meets the statutory requirements, it will serve to terminate the joint tenancy and pass marketable title of the property to the surviving joint tenant (the wife).

However, if the husband and wife owned the property in a tenancy in common, a probate of the husband's estate may be necessary to pass marketable title of the husband's portion of the property to the heirs.

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Answered on 6/01/05, 1:11 pm

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