House is still in deceased spouses name. How do I buy?

[Braden Souder]

So I have a seller who wants to sell his house BUT it's in his wife's name who passed away 2 years ago. He said he has the right to sell it. I haven't experienced this yet. Is there anything I need to look out for or put in the contract? What do I need to do in this situation?

[Davido Davido]

Probate is the normal path, but not the only one.  If the deal is attractive, the solution can be as simple as getting a quitclaim deed from the seller (granting you all her interest in the property, if any), and then renting it out for a couple of years until you can quiet title in your name, against all others, under the legal doctrine of adverse possession.   California has one of the shortest Adverse Possession periods (5years) in the country for those with "Color of Title".  You're already halfway there.  5 years after the spouse's death you could file a quiet title action asking the Court to grant you title to the property. 

 You would be wise to review the California Statute for Intestate Succession, and to consult with a title company to ensure that no other heirs have a right to the property.