Legal Question in Real Estate Law in Massachusetts
My sister's husband recently passed away. There is no will but the house is paid off. Only their 2 names were on the mortgage and thus, the deed. If my sister wants to sell the house, does she need to go through probate court to have the house legally awarded to her? Or can she just present his death certificate during the sales process? Thank you!
Kate Donahue
1 Answer from Attorneys
Assuming the deed is held as tenants by the entirety, which is the most common way for the title to be held by husband and wife, then all she has to do is record the death certificate with the Registry of Deeds for the county the house resides. if she is using an attorney for the sale, which she should do to make sure her interests are properly protected, she/he can handle the recording of the death certificate. The filing fee for the Death Certificate is $75.00 in most Registries other than Norfolk County. If you have a further question please feel free to contact me.
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