Selling property of deceased person

Long story, but just a question. If a property is jointly owned by a married couple, and the husband dies, can the widow sell the property before the will is executed? They were already planning to sell the property before he died and possibly the pre-contract was already set up (I don't know). I would have thought his death would have delayed the process but it didn't. I'm confused.

The couple have several adult children. Surely they should be co-owners following the death of their father, but they did not sign the nota simple. Why was this not necessary? 

Inheritance tax must be paid before the house can be sold.

if the husband dies, the wife has to accept the inheritance and pay the tax, then she will have to have the house put in her name before selling it.

if they were in the process of selling it, but had not completed, then the selling process is  surely aborted?

Sorry, I forgot one important peice of information.

They are not selling the outright ownership but selling the usofructo.

The buyer of the usofructo is the person already owning the property.

I don't know if this makes a difference.

Maria de Castro will know .....

Amogles:

Answers to your post below in bold green:

Long story, but just a question. If a property is jointly owned by a married couple, and the husband dies, can the widow sell the property before the will is executed? She can sell it by private contract but cannot make the deal a public one with full effects before third parties at the Land Registry. They were already planning to sell the property before he died and possibly the pre-contract was already set up (I don't know). I would have thought his death would have delayed the process but it didn't. I'm confused.

The couple have several adult children. Surely they should be co-owners following the death of their father, but they did not sign the nota simple. Why was this not necessary?

Nota simple is a Land Registry information note. I thiknk you meant escritura ( Notary deeds). In answer to your question: if Spanish Law applies to this deceased person, these children are forced heirs and they can claim their inheritance portion.

http://www.eyeonspain.com/blogs/costaluz/6791/legal-tip-723-free-guide-on-inheritance-law-and-wills-for-dummies.aspx