If my husband recently passed away, I would like to remove his name from the deed for the house. What is the procedure? 20 Answers as of August 01, 2013

What is the procedure to remove a name from the deed for a house? What form(s) are required?

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Frederick & Frederick PLC | James P Frederick
All that would need to be done is to record his death certificate with the register of deeds office. It is not necessary to remove him from the deed unless you really want to. It will not give you any real advantage and there is no disadvantage to having his name stay.
Answer Applies to: Michigan
Replied: 8/1/2013
Law Office of Pamela Braynon | Pamela Y. Braynon
If you bought the home together as husband and wife, submit a certified death certificate to the property appraiser's office. If he owned the home prior to getting married to you, then you would have to go to probate court. The attorney will take it from there.
Answer Applies to: Florida
Replied: 8/1/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
Removal of a name from a deed to property you have succeeded to, is more than completing a form. You are advised to obtain probate legal counsel to assist you in preparing the necessary documentation correctly and obtaining the necessary filing with the court and county recorder.
Answer Applies to: California
Replied: 8/1/2013
Law Ofices of Edwin K. Niles | Edwin K. Niles
Assuming that the property is in joint tenancy, you will have to record a affidavit of death of joint tenant, and complete a preliminary change of ownership report. Any lawyer should be able to prepare these for around $300 or $400.
Answer Applies to: California
Replied: 8/1/2013
Gates' Law, PLLC | Thomas E. Gates
You can remove the deceased using a Quitclaim Deed and filing it with the county recorder office.
Answer Applies to: Washington
Replied: 8/1/2013
    Dennis E. Valentine Law Firm
    Dennis E. Valentine Law Firm | Dennis Valentine
    It depends upon how his name is on the home title. If you and your husband owned the home in joint tenancy with right of survivorship, you may only need to file a certified copy of his death certificate with the clerk and recorder in the county where the home is located. If his name is spelled differently on the deed and the death certificate, you may have to file a Supplemental Affidavit as well as the death certificate. If you and your husband have both names on the deed but not in joint tenancy OR your name was not on the deed before your husband died, I recommend that you speak to an attorney who does probate cases.
    Answer Applies to: Colorado
    Replied: 8/1/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    It is not usually necessary to remove the name of a deceased spouse. Whenever you need to prove your clear title in your name alone, you just present the death certificate.
    Answer Applies to: Oregon
    Replied: 8/1/2013
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Record his death certificate in the county records.
    Answer Applies to: Oregon
    Replied: 8/1/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    If you are joint tenants with rights of survivorship, you need to record an affidavit terminating Joint Tenancy and include his death certificate. If you are tenants in common, you will need to go through probate. In either event you should speak with an attorney and also consider making powers of attorney authorizing someone to make financial and health care decisions if you are unable. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
    Answer Applies to: Nevada
    Replied: 8/1/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    Did you and your husband own the real property as joint tenants with right of survivorship? If so, you may remove his name. If you own the property as community property, you will need to initiate a spousal property petition, file it with the court to have his community property interest confirmed to you. You will need a copy of your deed. You should also consult a probate attorney.
    Answer Applies to: California
    Replied: 8/1/2013
    Estrada Law P.C. | Michele Ungvarsky
    In New Mexico a copy of the Death Certificate along with a Quitclaim deed is filed with the county clerk. If you live in another jurisdiction check with your county clerk's office. Most states have their county clerks on their website along with the rules.
    Answer Applies to: New Mexico
    Replied: 8/1/2013
    James T. Weiner & Associates, P.C.
    James T. Weiner & Associates, P.C. | James T. Weiner
    Assuming the house is in your name and his (as husband and wife) all you need is a quit claim deed and an original copy of his death certificate quit claim the house from you "as survivor of your husband now deceased whose death certificate is attached for recording and yourself, husband and wife", to you personally file the deed with the death certificate with the register of deeds in the county where the house is located.
    Answer Applies to: Michigan
    Replied: 8/1/2013
    Sanford M. Martin, P.A. | Sanford M. Martin
    If the property is in joint ownership with right of survival, you can file a state certificate of death at your local county clerk office which accomplishes the transfer of ownership to you as sole owner. No urgent matter which would be the process if you decide to sell the property or transfer it to another joint owner with you.
    Answer Applies to: Florida
    Replied: 8/1/2013
    Byers & Goulding, PLC | Andrew Byers
    If title to the home was held in joint ownership with you as husband and wife, you would record a certified copy of your husband's death certificate in the county in which the probate is located. If title to the home is just in his name, you might need to settle his estate in probate.
    Answer Applies to: Michigan
    Replied: 8/1/2013
    Law Office of Thomas C. Phipps | Thomas C Phipps
    I'm sorry to hear that. You should file an affidavit of death with the recorder of deed, and the title will be in your name.
    Answer Applies to: Missouri
    Replied: 8/1/2013
    James Law Group
    James Law Group | Christine James
    It depends on how title was held. It is critical you get this step right so that title remains clear for future transfers down the road. An attorney can help you with this for a reasonable cost and it is well worth having an attorney review title and see what documents need to be recorded to remove your husband's name.
    Answer Applies to: California
    Replied: 8/1/2013
    Law Offices of George H. Shers | George H. Shers
    You need to probate his estate ? It is not just filling out one or two forms. Look at a book written for lay people such as those from Nolo Press to see what is required. If you were joint tenants with the right of survivorship it is easier.
    Answer Applies to: California
    Replied: 8/1/2013
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    It depends upon how title is held. If you and he were owners as "joint tenants with right of survivorship", then it is a simple matter of recording an Affidavit of Survivorship with a certified copy of the death certificate. This perfects your title to the property in your name alone. If you and he were Tenants in Common", then you each owned one-half the property. It would then be necessary to go through probate in order to have his one-half interest distributed to the appropriate party or parties.
    Answer Applies to: Minnesota
    Replied: 8/1/2013
    Reger Rizzo & Darnall LLP | Kathleen DeLacy
    You really do not have to, as long as you file affidavit of jointly owned property, Recorder of Deeds website will be updated with your name as sole owner. If you want to do a deed, you will need to still file paperwork with Register of Wills then you can sign as his Executor, if you are.
    Answer Applies to: Delaware
    Replied: 8/1/2013
    Attorney At Law | James G. Maguire
    Assuming that the property is in Louisiana, a probate proceeding would be needed to remove his name from the deed and place his legatees or heirs into possession.
    Answer Applies to: Louisiana
    Replied: 8/1/2013
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