Full question:
Here is the situation: The name on the house title deed is husband & wife. The wife has died and the husband wants to change the title to his name & his son. Obvisously the wife can't sign for anything. How do you go about that?
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: Oklahoma
Answer:
If the husband and wife were joint tenants with right of survivorship, the husband automatically inherits the wife's share without going through probate. To update the title, he should contact the land recorder's office in the county where the property is located, as procedures can vary. Typically, a copy of the wife's death certificate is required.
If they were tenants in common, the husband may need to execute a fiduciary deed as part of the probate process, since the wife's share must be legally transferred. Generally, to add or remove someone from a deed, their consent is needed, which includes their signature and notarization.
There are two main types of deeds: a warranty deed, which guarantees ownership, and a quitclaim deed, which transfers only the interest the grantor has without warranties. A quitclaim deed is often used among family members when ownership is clear. In joint tenancy, the surviving owner inherits the deceased owner's share automatically. State law governs the creation of joint tenancies and tenancy by the entirety, which is specific to married couples.
Tenants in common do not have a right of survivorship, meaning that upon death, the deceased's share must go through probate to be transferred. In cases of life estates, the interest may pass to remaindermen or revert to the original grantor upon the life tenant's death.
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.