Hello: I am an attorney located in New York City.
First, I am sorry for your loss.
If your deceased husband's name is the only one on the deed, you have to list the property as an asset as part of his estate administration. And the personal representative could execute a new deed to whoever inherits the property.
If your name is also on the deed, then as the surviving spouse, you are presumed to own the property as tenants by the entirety and you automatically inherit the property through the operation of law. You do not have to include the property in the estate administration and you do not have to do anything. You inherit the property.
Although you do not have to do anything right now with the property, if you wanted to do so, you can file a petition with the registrar of the county that handles property records to show that you are the sole owner of the property. See NY RPP §§ 423, 423A.
If you need any assistance, a New York Estates Attorney can help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082.
Answered on Jan 21st, 2021 at 6:36 AM