Q: what is the easiest way to remove my late wife from my home title. her estate is not probated
It is a mess. I'm on social security and technically bankrupt I suppose. After Harvey, I have an opportunity to unload the house at a fair price, but if it will be sucked up in my late wife's debts, there is no point.
A:
If your wife left no more than a home, up to $60,000 in personal possessions and household goods and no more than $75,000 in other assets, the heirs (you and, if she had children who are not yours, all the children) could file an Affidavit of Small Estate. Relying on the court order, you could record a new deed in the name(s) of the heir(s). The form should be available on the website of your local probate court. You may or may not need an attorney to review and efile it for you.
Some people still use an Affidavit of Heirship and work through a title company. Since these can be challenged for five years after recording, your prospective buyer -- and the title company -- may or may not be comfortable with this approach.
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