If my wife died, how do I change our property into my name only?

We own a home and my wife died. She had a Will and I am the only beneficiary. I would like to change the loan and property into my name alone.

Asked on June 4, 2012 under Estate Planning, New Mexico

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If you owned the house as husband and wife it passed to you automatically upon her death.  If you wish to change the deed to your name alone you would have you go through the probate process and have an executor's deed drawn up.  But it may not be necessary depending on the rest of the estate.  As for the loan, you can continue to pay the lender even though she has passed away.  They will not call in the loan.  But if you want the loan in your name only then you have to refinance it using only your salary.  Good luck.


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