How do you change the title of a deed to his spouse? 12 Answers as of November 17, 2011

If a person dies and the estate was never administered, how do you change the title of a deed to his spouse if two years has passed since the person died?

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Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
It depends on a few factors. Depending on how the property was titled at the time of the decedent's passing (if the property was titled jointly to husband and wife with rights of survivorship) there may not be any requirement for a deed. If there is a need to convey the property to the surviving spouse it may be necessary to open an estate to do so. I advise you to meet with an attorney. An Indiana attorney will know what questions to ask and can prepare the necessary documents.
Answer Applies to: Indiana
Replied: 11/17/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Depending upon how the property is titled, a probate may be necessary. If the property is only in the name of the deceased spouse a probate proceeding is needed. The type will depend upon the value of the property. If it is in joint tenancy with rights of survivorship with the surviving spouse, the surviving spouse needs to complete an affidavit terminating joint tenancy and record the same. To determine what is necessary, it may be best to speak with an attorney and provide information about the titling of the asset. We provide a free hour consultation on Nevada probate matters. You will meet with an attorney who will answer questions, assess your situation and provide you with options to consider. If you are interested in making an appointment with one of our attorneys, please contact Michelle at 702 873 9500. She will need to gather some initial data from you and run a conflicts check before an appointment may be set. Our web site, www.goldguylaw.com , can provide you with more information about the law firm and our attorneys. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.
Answer Applies to: Nevada
Replied: 11/14/2011
Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
If that's the right result (will that gives the house to spouse, or no will and no children) then you need to administer the estate.
Answer Applies to: Oregon
Replied: 11/14/2011
Bullivant Houser Bailey PC
Bullivant Houser Bailey PC | Darin Christensen
File a copy of the death certificate with the county recorder.
Answer Applies to: Oregon
Replied: 11/14/2011
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
In Minnesota an estate can be probated within three (3) years of decedent's death. After three years the same things can be accomplished through a "Decree of Descent".
Answer Applies to: Minnesota
Replied: 11/14/2011
    Harville-Stein Law Offices, LLC
    Harville-Stein Law Offices, LLC | Dean D. Stein
    Generally, you question might involve two different situations. One, the deed to the house is held "joint with right of survivorship" between two spouses. In this case, whenthe first spouse dies, there is no reason to change the deed, theproperty passes by "operation of law" to the surviving spouse.In the second case, only one spouse's name was on the deed. This is a more difficult situation, because while the surviving spouse may be the only owner, that would have had to be done by will, and if no will, thespouse MAY have to share ownership with the deceased spouses children, or eventhe deceased spouses parents, if the decedent had no children and his/her parents were still living. You may not want to open an estate, since the two year statute on claims has run, and would be reset by opening an estate. You need to consult an attorney for the particulars of your situation.
    Answer Applies to: Alabama
    Replied: 11/14/2011
    The Law Offices of Laurie E. Ohall, P.A.
    The Law Offices of Laurie E. Ohall, P.A. | Laurie E. Ohall
    I'm assuming, from your question, that the decedent owned the property in his name alone. The only way to convey title to the spouse, is to open a probate - it doesn't matter that the decedent has been dead for more than two years. However, if the decedent had adult children, then the spouse may not be able to have the house outright (unless there is a will that says the property belongs to the surviving spouse). This is a situation where the spouse would benefit from talking to a probate attorney (and a probate attorney will be needed to probate the estate).
    Answer Applies to: Florida
    Replied: 11/14/2011
    Attorney & Counselor at Law
    Attorney & Counselor at Law | John Hugger
    With a Court order. It is not too late to probate the estate. Consult with an attorney IMMEDIATELY.
    Answer Applies to: Colorado
    Replied: 11/14/2011
    The Schreiber Law Firm
    The Schreiber Law Firm | Jeffrey D. Schreiber
    This is one of the reasons for a probate as in most states the transfer is by a deed issued through probate. You need to discuss this with an attorney who practices in probate in the state where the propety is located.
    Answer Applies to: California
    Replied: 11/14/2011
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    If the deceased was the only name on the deed then you must probate the Will to have the deed transferred to the person named in the Will. If the deed was in both names as joint tenants with rights of survivorship then the deed is automatically by operation of law in the name of the other party.
    Answer Applies to: Georgia
    Replied: 11/11/2011
    The Law Office of David L. Leon
    The Law Office of David L. Leon | David L. Leon
    Of there is no will, and no debt (aside from debt secured by real estate) then you can clear title by using an affidavit. A probate lawyer or title company can do this for a few hundred dollars.
    Answer Applies to: Texas
    Replied: 11/11/2011
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