Q: Does a widow in Oregon have survivorship rights even though only husbands name is on deed to house?
They were married 9 years, lived together 2 years before that. She has lived in home with him from date of purchase. His estate is very small. Husband left no will. She has to go through probate if no survivorship/common law/Tenant by entirety.
A: If only the deceased spouse's name is on the deed to the home, the surviving spouse must initiate a court probate proceeding to have ownership of the home transferred. The surviving spouse has certain claims to a deceased spouse's estate, but the deceased spouse's estate will have to go through probate. If the deceased spouse had no will, and the deceased spouse has no surviving children from other relationships, the surviving spouse should receive the entire estate of the deceased spouse after payment of the deceased spouse's bills and expenses of probate administration.
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