Deed Change of Ownership Upon Death

[Mark S.]

Husband and wife own home, free and clear, in both their names. Husband dies. I'm assuming wife must have deed changed to reflect ownership now in just her name, correct? What's the process and can this be done electronically? Is there a time limit for completing this? I feel dumb asking this, but I figured this is the place I'd get the best answer. Thanks in advance.

[David Krulac]

@Mark S.

As @Steve Babiak says a new deed is not necessary in many cases, such as when the deed is titles as "Tenants by the Entirety" or "Joints Tenants with Rights of Survivorship."

The majority of states (33 states if my memory is correct) do not recognize Tenants by the Entirety, but PA does.

And there is nothing preventing Spouses from taking title as "Tenants in Common" in which case the death of one spouse would transfer their share of title to their "heirs" which might not be their spouse. This is commonly used in cases of second marriages where the spouse's interest goes to the children of their first marriage and not their second spouse.

And in states with Community ownership laws there are different circumstances also.

So, Mark S., it depends on what state the property is located and the laws there governing titling of real estate.