Q: Two months after my husband died, his will was destroyed in a house fire. The house was in my husbands name. What is the
easiest way to transfer the deed.The house is paid for.There are no other heirs.
A: First, check to see if the deed was held as joint tenants with right of survivorship. If it was, the property passes to you outside of probate. You will need to file an affidavit showing that your husband has passed away and title to the property vests in you. If the deed was not joint tenancy with right of survivorship, the only way to transfer the property to you is through a probate action, which takes much more effort. Schedule a free consultation to help figure out which path to take.
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