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How do I remove my husbands name from the deed on my home in El Paso TX?

Mobile, AL |

My husband died in 2010, We jointly owned a home in El Paso and I have the deed showing our house is free and clear, in both our names. Do I need to fo through probate court in El Paso, in order to have the deed change into my name alone? I have made sure all propert taxes are paid in full, I ave his death certificate and marriage licesne and I am sure whatever paper work that is needed.

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Attorney answers 3


Is there a Will? Are there any other heirs? Texas is a community property state, so it is not as clear cut as property just passing to the surviving joint owner. You should contact a Texas lawyer to review this with you.

James Frederick

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If you owned the house jointly, or in the entirety, with you husband, you may not have to go through probate. The best way to be sure is to consult with a probate attorney. The attorney can also instruct you on how to get title in your name only. In many jurisdictions, the only thing necessary to is record a copy of the death certificate with the county recorder.

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If your husband had a Will naming you as the sole heir, you can file the Will as a Muniment of Title to transfer it into your name.

If your husband did not have a WIll and you are the sole heir of his estate, you do not have to administer the estate. I would suggest you contact an attorney to help you file an affidavit stating that you are the sole heir, that the home is community property, and that under the Texas Probate Code no administration is required. That might avoid title issues and delays when you eventually sell the property.