How do I go about getting a deed transferred to my name if my spouse is deceased?

UPDATED: Oct 1, 2022

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How do I go about getting a deed transferred to my name if my spouse is deceased?

My husband of 28 years recently passed away. When we purchased our home he was the sole borrower on loan his name was also the only name listed on the deed and unfortunately we never added my name to the deed. After his death I was advised by mortgage company that I could do a loan assumption however I need to first get the deed transferred to my name. I live in Georgia my husband and I lived together until his death.

Asked on January 4, 2018 under Estate Planning, Georgia


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

Answered 4 years ago | Contributor

I am so sorry for your loss.  I would speak with an attorney in your area about the probate of the estate and transfer of the deed.  If he had no Will and dies "intestate" the intestacy statutes apply and if you have kids, they also inherit part of the house unless they renounce their inheritance.  Also, a death and inheritance of real property does not trigger the "due on sale" clause of a mortgage.  In other words, you can keep paying the mortgage until the house is paid off and never have to transfer it to your name.  Good luck.

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