If a property is jointly owned, typically, the surviving owner can sell the property without undergoing probate. However, if the deceased's name remains on the title deed, the property may require probate to transfer the title solely to the surviving owner. It's advisable to consult a legal professional to clarify the specific requirements and implications for selling the house.
Given your mother's situation, since probate was not sought at the time of your father's death, it's possible that the joint ownership was not fully recognized in the legal documents. Consequently, the regulations surrounding the sale of the property might necessitate probate to resolve any potential claims or issues regarding the ownership.
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