Requirements for Selling a Property After a Death: Understanding Legal Heir and Succession Certificates

When dealing with the sale of a deceased person's property, certain legal requirements must be met. Understanding the distinction between a Succession Certificate and a Legal Heir Certificate is crucial. Both certificates serve different purposes and are necessary under specific circumstances.

Succession Certificate

A Succession Certificate is often required when an individual sells a property that was originally in the deceased's name. This certificate is issued by a court of law and officially identifies the legal heirs of the deceased. It confirms the right of the named heirs to inherit the deceased's property.

Legal Heir Certificate

A Legal Heir Certificate, which is synonymous with a Succession Certificate, is a formal document issued by a court during probate proceedings. This document is required when someone needs to sell immovable property (such as a house or land) that was in the name of the deceased. The holder of the certificate is legally allowed to sell the property as the legal representative of the deceased.

State-Specific Laws and Requirements

In Michigan, the process can vary based on the title and the nature of the property. Here are some specific guidelines:

Cash Title

If the property is solely titled in the name of the deceased, the seller must be appointed as a Personal Representative by the probate court. This individual must also obtain a Court Order allowing the sale of the property.

Joint Tenancy with Right of Survivorship

If the property is owned jointly with a right of survivorship, a Deed from both the surviving owner and the deceased (using a true copy of the death certificate) must be filed to transfer the property to the surviving owner. In this case, a Succession Certificate is not required.

Trusts

For properties held in trust, a Certificate of Trust must be obtained. This document certifies that the trust is still in effect, who the trustee is, and that the trustee has the authority to sell the property.

Additional Considerations

It's important to note that other jurisdictions may have different procedures. Always consult a local attorney to ensure compliance with all legal requirements.

Nomination, on the other hand, is a method used to authorize a third party to act on behalf of the lawful owner. For example, banks or insurance companies may use a nomination to discharge their liabilities and direct payments to a nominee. However, nominations are not applicable for immovable properties, which can only be transferred through a registered document.

Conclusion

When dealing with the sale of a deceased person's property, it is essential to understand the legal requirements. A Succession or Legal Heir Certificate is typically required to prove legal ownership and the right to sell. Failure to comply with these requirements can result in legal complications and delays in the property transfer process. Consulting with a local attorney is recommended to navigate these requirements effectively.