When land has multiple owners and one passes away, selling oftentimes becomes complicated quickly.
What Happens Depends on Ownership Type
- Joint ownership with survivorship may transfer automatically
- Tenants-in-common ownership (the default form of co-ownership unless the parties are married) usually requires probate
Many owners don’t know which applies.
Common Mistakes
- Assuming the surviving owner can sell alone
- Signing contracts without authority
- Ignoring probate requirements
These mistakes often tragically kill property sales.
The Right Approach
Before selling:
- Ownership must be confirmed
- Authority must be established
- Any title issues need to be cleaned up
Once that’s done, selling is (usually!) straightforward.