PSA - Deceased Title Owner, Wife wants to sell

[Andrew Flanagan]

Hi, 

I'm looking to purchase my second deal but I had a few questions about the contract with a deceased owner.

Ok, so a widow reached out to me wanting to sell a pair of properties in Texas, but it looks like her deceased husband is the only one on Title according to the county website.

1) I'm assuming the Title company will be able to work out the widow, survivorship of the property and legally she'll be able to sell it to me? Does the wife need a Death Cert.? What will the Title comp need?

2) I'm writing up the PSA and for the seller's name up top, do I put hers or the husband's name? Or both?

Thanks for all the help y'all! It'll be my second deal, and it's a sweet one, so any help will be greatly appreciated.

Andrew Flanagan

Houston, TX

[Rob Wells]

Hi Andrew:

Your best bet is to have the title company run a preliminary title report to determine who the property owner is and how title is held. If the property is deeded in a way that title pass automatically to the widow, then the title company can most likely prepare the documents.

If however the property is not titled in a way that title passes to the widow automatically, the widow may need to initiate probate proceedings for the deceased husband. The underwriting department of the title company will let you know what you may have to do to complete your sale as if a probate proceeding is required. The title company will not issue you title insurance until the transaction complies with the law as they will be on the hook to make title right if they improperly close on your sale.

In your situation depending on Texas probate law, the Widow may have to petition the local probate court to be appointed as her husband's legal representative to complete your transaction. In many states including Texas, depending on the value of the husband's estate, there may be expedite processes to either get court orders that the property you want to purchase belongs to the Widow or to get the Widow Court authority to complete your transaction. In some cases a probate may not be required, and the Widow can execute affidavits indicating the estate is of small value and she is the lawful heir to her husband's estate to deal with the property. 
 

Your best bet is to find out what the title company says and if they tell you a probate is necessary you can work with the Widow with getting her to start the probate process and be the first person in line to get your deal completed. I hope this helps.