QUESTION

How do you change the title of a deed to his spouse?

Asked on Nov 10th, 2011 on Estate Planning - Texas
More details to this question:
If a person dies and the estate was never administered, how do you change the title of a deed to his spouse if two years has passed since the person died?
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5 ANSWERS

Probate Attorney serving Las Vegas, NV
3 Awards
Depending upon how the property is titled, a probate may be necessary. If the property is only in the name of the deceased spouse a probate proceeding is needed. The type will depend upon the value of the property. If it is in joint tenancy with rights of survivorship with the surviving spouse, the surviving spouse needs to complete an affidavit terminating joint tenancy and record the same. To determine what is necessary, it may be best to speak with an attorney and provide information about the titling of the asset. We provide a free hour consultation on Nevada probate matters. You will meet with an attorney who will answer questions, assess your situation and provide you with options to consider. If you are interested in making an appointment with one of our attorneys, please contact Michelle at 702 873 9500. She will need to gather some initial data from you and run a conflicts check before an appointment may be set. Our web site, www.goldguylaw.com , can provide you with more information about the law firm and our attorneys. This response is not intended to create an attorney client relationship. The response is solely intended to answer the question presented. Additional facts and issues are unknown to the responding attorney. Should you still have questions, legal assistance should be sought by making an appointment to meet with an attorney, rather than attempting to resolve the issue via e mail. This response is merely provided to give direction to assist you in the decision of whether you should contact an attorney or not.
Answered on Nov 14th, 2011 at 6:28 PM

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If that's the right result (will that gives the house to spouse, or no will and no children) then you need to administer the estate.
Answered on Nov 14th, 2011 at 2:44 PM

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File a copy of the death certificate with the county recorder.
Answered on Nov 14th, 2011 at 1:27 PM

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Business Attorney serving Dallas, TX
2 Awards
Of there is no will, and no debt (aside from debt secured by real estate) then you can clear title by using an affidavit. A probate lawyer or title company can do this for a few hundred dollars.
Answered on Nov 11th, 2011 at 9:49 PM

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Glen Edward Ashman
You get a lawyer and administer the estate now.
Answered on Nov 11th, 2011 at 9:49 PM

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