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.
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 and Nina Whitehurst agree with this answer
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 agree with this answer
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