If my wife died 2 years ago and we are both on the deed forthe house, how do I get her name taken off?

UPDATED: Aug 5, 2011

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If my wife died 2 years ago and we are both on the deed forthe house, how do I get her name taken off?

Asked on August 5, 2011 Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

To fully answer your question, I need to know if there was a probate for your wife's estate, was her estate held in trust, and how legal title is held to the house where you both lived (joint tenancy, as community property with rights of survivorship, or as tenants in common).

If the property is held as in a joint tenancy, you need to get a certified copy of your late wife's death certificate and attach it to an affidavit of survivorship signed by you before a notary public and record it on the property. The same holds true if title is as community property with rights of survivorship.

If there was a probate and a final decree of distribution was issued, then you record a certified copy of the order mentioning title's transfer on the property.

If there was a trust and the property was an asset in the trust (held by the trust) then the trustee signs an affidavit of successor trustee transferring the property to the person entitled under the trust and has the affidavit recorded on the property.

If none of the above apply where your wife had no will or trust (or property not in joint tenancy or as community property with right of survivorship) then you need to file a petition to administer her estate in your county's superior court to transfer title in the deed to your house.

Good luck.

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