Transfer of property title after death of one spouse to living spouse

Condo owned in joint by husband and wife and husband died. We want to change title fo owenership to spouse

Honolulu, HI -

Attorney Answers (3)

James P. Frederick

James P. Frederick

Estate Planning Attorney - Livonia, MI
Answered

As long as this was owned as joint tenants or tenants by the entireties, there should not be a need to remove the deceased spouse. If it was owned as tenants in common, then probate would likely be necessary. What is the reason why you wish to remove the deceased spouse?

This can generally be done simply by recording the death certificate of the decedent.

James Frederick

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Joseph Michael Pankowski Jr

Joseph Michael Pankowski Jr

Estate Planning Attorney - Stamford, CT
Answered

Attorney Frederick is correct. Typically, there is no need to remove the deceased spouse's name from the title of real property when the property was owned as "joint tenants with right of survivorship." When the property is sold or otherwise conveyed, then the death certificate will need to be produced to show that the surviving owner has the right to transfer the property. Good luck to you.

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Matthew Erik Johnson

Matthew Erik Johnson

Estate Planning Attorney - Seattle, WA
Answered

As the others mention, it depends on what you mean by being held "jointly". In either case, transferring title is typically not needed unless she is selling the property; in which case you should check with a title company in your area to see if they would insure title being transferred directly from the spouse without tranferring from the husband first.

If you do, you can either sign an affidavit of non-probate or file probate and do the transfer

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale... more
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