Removing Decedent's Name From House Deed (tenants, property, attorney, state)

[Calvert Hall '62]

Wife and I co-owned all assets. In order to ease the burden on my personal rep, my atty. advised me to remove my late wife's name from T-Notes, bank accts., and stocks. However, he told me not to bother removing her name from the real property deed, as this would not cause any undue burden on the personal rep. I didn't grasp why there's a difference between the house deed and the financial accts. Can someone explain?

[eightbitguy]

The house deed is just filed at the courthouse, and its a pain to change. It doesn't effect your finances at all, so there's no reason to mess with it.

When you sell the house you'll just have to sign something that says she's dead and the new deed will be in the new owner's name after that.

[ocngypz]

No big deal. I just took the death certificate down to City Hall and filled out a form and paid $1.00. Later I set up a life estate.

[oakread2]

I don't know if it's any different where you live, but I do it all the time at the Attorney's office where I work here in CA. Her name will have to be removed eventually, whether you want to set up a life estate, or put it into a trust (if it's not already in one), or change trustees if it's in a trust, or after you die. The easiest is the last one, since you won't be the one dealing with it.

[jackmichigan]

How was title to the property held? If it was either Joint Tenants with Right of Survivorship or Tenants by the Entireties, as would be expected, title would have automatically transferred to you. In that case, in my experience, you don't need to do anything with the Deed.

When you go to sell, the Death Certificate would simply need to be shown to the title company (if one is used), and most likely recorded, to evidence that you have full right to convey the property.

[need4speed2012]

How to Remove a Deceased Person From a Property Deed