Transfer of Property Deed upon a Spouse's Death?
I will be selling our home in the next 3-6 months that is fully paid off and have lived for the past 20 years.
Do I need to remove my husband's name on the property title deed in order to sell the home with a realtor or can I leave it in both our names as it currently exist as joint tenant, and as a surviving spouse, be able to sign the title deed to a new owner once it is purchased?
I was informed I may need an affidavit of survivorship and if so, can I fill out the forms online myself and where do I send this affidavit to in San Gabriel Valley area.
1 attorney answer
Someone who knows your husband is dead will have to complete an Affidavit of Death of Joint Tenant and have that recorded along with a certified copy of his death certificate.
This can be done now or as part of the sales procedure. The escrow company will record the Affidavit of Death of Joint Tenant, then the deed to the new owner, and finally, the Trust Deed for the loan the new owner got to purchase the house.
When the person gives you money, the person has an attorney and the attorney has a client, but not until then. Inspired by words of Abraham Lincoln