If your spouse recently passed away, you might be unsure how to handle the legal steps required to update the property deed. This process can feel overwhelming, especially while dealing with grief, but acting promptly can help you avoid future legal and financial complications.
Below, we’ve answered common questions about how long a house can stay in a deceased person’s name, what steps to take, and how Trustworthy can help you stay organized during this challenging time.
Understanding the Basics
Q: How does the way our property was owned affect the process?
A: The type of ownership determines the next steps:
Joint tenancy with the right of survivorship means both spouses own an equal, undivided interest in the property. When one spouse dies, their share automatically passes to the surviving spouse without probate. This is usually the most straightforward situation for removing a name from the deed.
Tenancy in common means each spouse owned a separate share, which could be equal or unequal. When one spouse dies, their share passes according to their will or state laws, which typically requires probate court involvement.
Q: How can I confirm how our property is titled?
A: Look at the original deed for ownership language, such as “joint tenancy with the right of survivorship” or “tenancy in common.” If the deed wording isn’t clear, contact your county recorder’s office or a real estate attorney for guidance.
Q: How long can a house remain in a deceased person’s name?
A: Rules vary by state, often ranging from a few months to a couple of years. While there may not be an immediate deadline, waiting too long can cause issues when selling, refinancing, or settling the estate.
Step-by-Step Process
Q: What's the first document I should get after my spouse's passing?
A: Obtain certified copies of your spouse's death certificate from your state or county vital records office. You’ll likely need several copies for legal and financial matters.
Q: What information do I need to request a death certificate?
A: Typically:
Your spouse’s full legal name.
Date and place of death.
Your photo ID.
Proof of your relationship (e.g., a marriage certificate).
Expect to pay a small fee for each certified copy.
Q: What if our property was jointly owned with survivorship rights?
A: File an affidavit of survivorship with the county recorder’s office to transfer your spouse’s share to you. This is usually the most straightforward process.
Q: What should be included in an affidavit of survivorship?
A: The affidavit should include:
Your name and your deceased spouse’s name.
The property address and legal description.
The date of your spouse’s death.
A statement that you are the surviving joint tenant claiming full ownership.
Your notarized signature.
Attach a certified death certificate. Some counties may also require additional forms, so check with your local recorder’s office.
“Most often, a copy of the deceased spouse’s death certificate, the notarized death affidavit, and a legal description of the property are required," says Patrick Hicks, vice president of legal for Legal Karma.
"Once these steps are complete, your deceased spouse will have been removed, and you will be the sole owner on the deed.”
Once filed, the county updates the property records to show you as the sole owner. Keep a copy of the filed affidavit for your records.
Q: What if our property was owned as tenants in common?
A: You’ll likely need to go through probate court. This involves:
Filing a petition with the probate court.
Submitting the will and a certified death certificate.
Having an executor appointed to distribute assets according to the will.
Q: What happens if I inherit my spouse's share through probate?
A: The court will issue an order transferring ownership to you. You can then update the deed to remove your spouse’s name.
Q: What happens if someone else inherits my spouse's share?
A: That person becomes a co-owner. When you record the next deed, both owners must be listed, which can complicate future sales or refinancing unless everyone agrees.
Q: How do I get a new deed showing my name only?
A: Contact your county recorder’s office for the correct form. Provide the current deed, affidavit of survivorship or probate court order, and a certified death certificate. Complete the form, sign before a notary, and file it with required fees. Keep a copy for your records.
Why This Matters
Q: Why is it important to remove my deceased spouse’s name from the deed?
A: Leaving their name can cause:
Delays in selling or refinancing. Lenders and buyers require all listed owners to sign, which isn’t possible if one owner is deceased. You may be forced into probate court before a sale or refinance can proceed.
Potential disputes with heirs or creditors. Heirs from previous marriages may claim an interest; creditors may target the property for debts.
Billing and payment confusion. Tax bills, insurance notices, and utilities may continue in your spouse’s name, risking missed payments.
Q: What happens if property taxes or other housing bills are missed?
A: If statements continue arriving in a deceased spouse’s name, it’s easy to miss deadlines. Unpaid property taxes or other obligations can trigger penalties, liens, and in severe cases, foreclosure.
Updating the deed streamlines billing to you as the sole owner so you can keep payments current and avoid legal or financial jeopardy.
Q: Should I notify other organizations besides the county recorder?
A: Yes. Update your mortgage lender, homeowners insurance provider, and utility companies to reflect sole ownership. This prevents service or coverage interruptions and ensures bills arrive in your name.
Q: Does removing my spouse from the deed remove them from the mortgage?
A: No. The deed and mortgage are separate. Contact your lender to update the loan — you may need to refinance into your name alone.
Staying Organized Through the Process
Q: How can Trustworthy help me with this process?
A: Trustworthy’s secure digital vault can:
Store deeds, affidavits, wills, and court orders.
Allow secure sharing with executors, attorneys, lenders, and advisors.
Provide reminders for deadlines and follow-up actions.
Offer checklists and estate process guidance.
By keeping documents accessible and organized, Trustworthy helps you avoid the stress of hunting for critical paperwork and prevents avoidable delays.
Final Thoughts
Removing a deceased spouse from a property deed is more than a formality — it protects your ability to manage your home without unnecessary legal or financial obstacles. Acting promptly, following each step carefully, and storing documents securely through tools like Trustworthy can make the process smoother and less stressful, giving you peace of mind during a difficult time.
We’d love to hear from you! Feel free to email us with any questions, comments, or suggestions for future article topics.
Trustworthy is an online service providing legal forms and information. We are not a law firm and do not provide legal advice.
