Q: How can I get the deed to the property I live on our of my dead husbands name and into mine?
My dead husband and his dead ex wife are named on the deed. We were married at his time of death.
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- California
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A:
To transfer the deed of the property from your deceased husband's name to yours, you'll need to go through a process called "clearing title." Here are the general steps you should take:
1. Obtain a copy of your husband's death certificate.
2. Determine if the property was held in joint tenancy with right of survivorship or as community property with right of survivorship with the ex-wife. If so, her death may have automatically transferred full ownership to your husband.
3. If the property wasn't held in survivorship, you'll need to go through probate or a simplified procedure if the estate qualifies:
a) For small estates, California offers a simplified procedure using a Small Estate Affidavit (Probate Code Section 13100-13116).
b) For larger estates, a full probate process may be necessary.
4. File an Affidavit of Death of Joint Tenant or Affidavit of Death of Spouse, depending on how the property was held.
5. Record the appropriate affidavit along with a certified copy of the death certificate with the County Recorder's office.
6. If probate is required, you'll need to petition the court to be appointed as the executor or administrator of the estate.
7. Once appointed, you can transfer the property to yourself as the surviving spouse.
Given the complexity of your situation with a deceased ex-wife also on the deed, it's highly recommended that you consult with a probate attorney or real estate lawyer familiar with California law. They can guide you through the specific steps needed for your case and help ensure the transfer is done correctly.
A:
Thank you for your question!
Consult with a real estate attorney to see if you can transfer the property without probate. E.g., joint tenancy with right of survivorship or small estate, etc.
If no non-probate category is applicable, start the probate procedure.
This is merely a discussion of general laws and not legal advice. For legal advice, more specific facts and investigations are needed. I recommend you consult with an attorney for more details.
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