How to get my name on my home

UPDATED: Sep 30, 2022

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How to get my name on my home

My husband died 06/02/1998 without a will. I now need to refinance the house but I
can’t because my name is not on the deed. What can I do?

Asked on June 24, 2016 under Real Estate Law, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You need to get in touch with a probate attorney/real estate attorney.  The general statute of limitations for a probate has passed, however, you can still sign what is called an affidavit of heirship.  It's a one-two page document which is fairly inexpensive to have drafted.  A real estate attorney can also help you file a "suit to clear title"-- which basically establishes clear title.  Many probate attorneys do handle real estate law as well.... so the best thing is to find an attorney that handles both because it will be more cost effective. 
The refinance company may accept the affidavit of heirship alone, if so then you will not have to file the suit to clear title.  However, it doesn't hurt to have someone on standby who able to do both. 

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