Why do I need an attorney to remove my late husband's name from our land title?

Question

My husband and I owned land where I currently live. He passed away in December, and we were both listed on the title, with no other family members involved. Why do I need an attorney to remove his name from the title?

James Clifton · Answer

You are not required to have an attorney. However, if your husband's estate is not handled correctly, it will create issues down the road when you or your heirs try and sell the property. If you held the title as joint tenants with right of survivorship with your husband, a simple affidavit will fix the issue. If you held the title as tenants in common, you will need to probate his estate. If you have further questions, schedule a free consultation.

James L. Arrasmith · Answer

When your spouse dies holding title with you, the property doesn’t automatically become solely yours—you must update the deed or title to reflect the change. 
 
An attorney guides you through the proper legal process, which usually involves preparing and recording a new deed (commonly a quitclaim deed or an affidavit of survivorship) that meets your county’s requirements. If any taxes, mortgage lien documents, or estate issues arise, the attorney ensures those are addressed so the transfer is valid and free of future challenges. 
 
Without legal help, you risk filing incorrect paperwork, triggering delays, or leaving gaps that could allow creditors or other heirs to make claims. An attorney also confirms that all notices and filings are correctly made in public records, giving you clear, uncontested ownership.

Q: Why do I need an attorney to remove my late husband's name from our land title?