Skip to main content

My husband died with out a will; would i keep the house? how do i put it in my name? does it need to go in to probate?

Birmingham, AL |

my husband died; suddenly, we were married 7 years; my 2nd, his first, he had no children/ is the house legally mine? how do i proceed to put in my name? would i need to put it in probate? i have no plans on selling.

+ Read More

Attorney answers 2


If the deed to the house was in his name only, you need to contact a local attorney and transfer the property pursuant to the probate laws in your state. When a person has no will, a state has a set of procedures to determine who is entitled to the deceased's property. As the surviving spouse of someone with no children it is very likely that you are entitled to a minimum of a life estate in the property and possibly the entire estate. Good luck!

Please be advised that the foregoing discussion is a generalized and hypothetical answer based upon incomplete facts and is not intended to serve as legal advice to you, nor should you regard it as an attorney-client communication or as creating an attorney-client relationship. If you desire legal advice concerning the situation you have described you should contact an attorney who has substantive experience in the fields pertaining to your question.


I agree with the first answer. You need to seek the advice of local counsel in order to protect your legal rights and ownership interests. Best of luck.

Mr. Post is licensed to practice law in KS and MO. The response herein is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that if known could significantly change the reply unsuitable. Mr. Post strongly advises the questioner to confer with an attorney in their state in order to ensure proper advice is received.