What to do if my estranged husband passed away last week without a Will?

UPDATED: Mar 14, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Mar 14, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my estranged husband passed away last week without a Will?

He had no Will. We have a house together, both of our names are on the deed. We have not been living with each other for awhile but never legally separated or divorced. What can I do to get people out of our house? They have no rights to the house or land. Do I wait for a death certificate or do I call the local sheriffs office there and do what if so?

Asked on March 14, 2013 under Estate Planning, North Carolina


Catherine Blackburn / Blackburn Law Firm

Answered 10 years ago | Contributor

You are correct that the house passed to you automatically upon your husband's death by operation of the deed.  Therefore, you own the house.

Getting other people out of the house may not be as easy as calling the sheriff.  You probably will need to present or record the Death Certificate in order to transfer clear title to you.  If the people who live there have a legal claim to live there -- such as they are tenants, you may need to proceed with an eviction action.

I suggest you consult a local attorney for advice.  The attorney can tell you the proper procedure for recovering possession of what is now your house.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption