North Royalton, OH asked in Probate for Ohio

Q: Ohio my wife and I are listed on warranty deed to home valued at $195,000. She died. Must I probate home to remove her.

3 surviving children. No will. need to remove her name. House owned Free and Clear. She has no creditors and no other assets.

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2 Lawyer Answers
Paul Kellogg
Paul Kellogg
Answered
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: If you house it titled as joint tenants with rights of survivorship you don't need to probate the house. Check your deed to see if it has the words, "for their joint live with the remainder to the survivor of them." If the deed has that phrase, you can remove her name with an affidavit that has a certified copy of her death certificate attached.

Mary Ellen Leslie Esq. and Nina Whitehurst agree with this answer

Beverly A Stull
Beverly A Stull
Answered
  • Probate Lawyer
  • Cincinnati, OH
  • Licensed in Ohio

A: It depends on how the house is titled. If it says something similar to "for their joint lives, remainder to the survivor", then an Affidavit filed with the recorder can be used to transfer it. Otherwise probate will probably be required.

Nina Whitehurst and Mary Ellen Leslie Esq. agree with this answer

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