Full question:
I have recently married a widow and need to know how to go about changing names on the deed to the property she owned jointly with her deceased husband into hers and my names. The property is paid for so their is no mortgage holder. Thank You
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: California
Answer:
When a person dies, their assets, including property, typically go through probate. If the deceased had a valid will, an executor manages the estate's distribution. If there was no will, the court appoints an administrator to handle the estate according to state intestacy laws. For properties owned jointly, when one joint tenant dies, the surviving tenant automatically inherits the deceased's share, bypassing probate.
In your case, since the property is owned jointly, the widow should have automatically become the sole owner upon her husband's death. To transfer the deed into both your names, you will need to execute a new deed. This typically requires a copy of the death certificate and may involve a fee. It's advisable to contact the local recorder's office in the county where the property is located to find out their specific requirements.
If the estate has not been probated, or if you have questions about the process, consider consulting a local attorney who can provide guidance based on your situation.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.