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Can Children Sell Property Still Titled in the Names of Deceased Parents?

Can Children Sell Property Still Titled in the Names of Deceased Parents?

Full question:

My father-in law recently passed away in Oklahoma. (My Mother-in law died 3 months earlier. Nothing was filed for her except death certificates to Social Security etc.) All assets except his home were sold or disposed of before death with power of attorney for both Mom & dad. (Home is still recorded in the names of both Mom & dad) His sons are trying to sell his home 'by owner', without going through probate or court appointment of representative of the estate. Buyer has been found but will finance with her bank. Will they be able to sell the home that way or will the escrow be held up because it has not been done? There are no debts, home is paid for and valued at appproximately 80,000. His wishes were that the proceeds be shared equally among his 3 grown children. All 3 are agreeable. There are no deceased children with living heirs

Category: Real Property
Subcategory: Sales
Date: 04/07/2025
State: Oklahoma

Answer:

If the son weren't named on the deed as joint owners with right of surviviorship or as remaindermen of a life estate, then they will not be able to sign and transfer a deed as owners. In Oklahoma, a small estate procedure is available when the value of the estate is not more than $150,000. Please see the following OK statute :

§ 58-241. Dispensing with regular proceedings in estates under $150,000 — Notice to creditors and notice of hearing — Procedure.

A. If, upon filing a petition for probate and after the appointment of the personal representative, it appears that the value of the real and personal property in the estate does not exceed One Hundred Fifty Thousand Dollars ($150,000.00), the court shall order the personal representative to make an inventory of the estate, and the court shall appoint appraisers unless the court determines that appraisement is not necessary.
B. If, upon return of the inventory of the estate of the decedent, and appraisement of the estate if required, it appears that the value of the whole estate, both real and personal property, does not exceed One Hundred Fifty Thousand Dollars ($150,000.00), and upon application of the personal representative, the court shall dispense with the regular proceedings or any part thereof prescribed by law, and the court shall order notice to creditors, and issue order for hearing upon the final accounting and petition for determination of heirship, distribution and discharge; provided, nothing herein shall affect the lien upon any property for any estate or transfer tax which may be due upon the estate of the decedent.
C. Notice to creditors and notice of hearing upon the final accounting and petition for determination of heirship, distribution and discharge shall be published once each week for two (2) consecutive weeks in some newspaper of general circulation, published in the county where the probate is filed. If there is no legal newspaper in a county, then all such notices required by this subsection shall be published in a legal newspaper in an adjoining county having a legal newspaper. Notice to creditors and notice of hearing upon the final accounting, determination of heirship, distribution and discharge may be combined in one notice, referred to as a "combined notice". The notice to creditors or combined notice shall be mailed to creditors of the decedent as provided in Sections 331 and 331.1 of this title. Creditors shall file claims against the estate with the personal representative or the attorney for personal representative within thirty (30) days after the publication of the notice. Notice of the hearing or the combined notice shall be mailed to all persons interested in the estate of the decedent at their respective last-known addresses not less than ten (10) days prior to the date of the hearing, and the notice shall set forth a date by which final account and petition for distribution will be filed. The date of the filing shall precede by at least five (5) days the order allowing final accounting, determination of heirs, and of legatees and devisees, if any, and distribution.
D. The matter shall be set for hearing not less than thirty-five (35) days following the first publication of notice to creditors or combined notice, and upon the hearing the court shall, after proof of payment of funeral expenses, expenses of last sickness and of administration and allowed claims, issue an order allowing the final accounting, determining heirship and the legatees and devisees, if any, of the decedent, distributing the property of the estate and discharging the personal representative and surety or sureties on the personal representative's bond, or defer such discharge if in the discretion of the court such deferral is necessary or desirable.
Laws 1961, p. 441, § 1; Laws 1970, c. 98, § 1, emerg. eff. March 30, 1970; Laws 1971, c. 94, § 1, eff. Oct. 1, 1971; Laws 1973, c. 121, § 1, emerg. eff. May 4, 1973; Laws 1975, c. 33, § 1, eff. Oct. 1, 1975; Laws 1976, c. 78, § 1, eff. Oct. 1, 1976; Laws 1979, c. 46, § 1; Laws 1988, c. 228, § 2, emerg. eff. June 22, 1988; Laws 1993, c. 345, § 9, eff. Sept. 1, 1993; Laws 2004, c. 114, § 1, eff. Nov. 1, 2004.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How to get power of estate after death?

To obtain power over an estate after someone's death, you typically need to be appointed as the personal representative through probate court. If the deceased left a will, it usually names an executor. If there is no will, the court will appoint someone, often a close relative. This process involves filing a petition with the probate court and may require notifying heirs and creditors. Once appointed, you can manage the estate's assets and settle debts according to the law. Consulting a probate attorney can help navigate this process.

How to transfer property after death of parent without will in Oklahoma?

In Oklahoma, if a parent dies without a will, the property typically goes through probate. If the estate's total value is under $150,000, a small estate procedure may apply, allowing for a simplified transfer. Heirs must file a petition in probate court, and the court will appoint a personal representative to manage the estate and distribute assets. It's advisable to consult a probate attorney to ensure compliance with state laws and facilitate the transfer.

What happens to a house when the owner dies without a will in Oklahoma?

When a homeowner dies without a will in Oklahoma, their property generally goes through probate. The court will determine the heirs according to state intestacy laws. If the estate's value is under $150,000, a simplified small estate procedure can be used. The appointed personal representative will manage the estate, pay any debts, and distribute the remaining assets, including the house, to the heirs. Consulting with a probate attorney is recommended for guidance.

How to get heir property in your name without a will?

To get heir property in your name without a will, you typically need to go through probate. This involves filing a petition in probate court to determine heirship and appoint a personal representative. If the estate's value is below $150,000, a small estate procedure may apply, simplifying the process. The court will oversee the distribution of assets, including property, to the rightful heirs. It's advisable to seek assistance from a probate attorney for proper guidance.

How do you transfer property on death in Oklahoma?

In Oklahoma, property transfers upon death typically require probate, especially if there is no will. If the estate's value is under $150,000, a small estate procedure can simplify the process. Heirs must file a petition in probate court, where a personal representative is appointed to manage the estate. The representative will handle debts and distribute property according to state laws. Consulting with a probate attorney can help ensure the transfer is done correctly.