Real Estate Deal Analysis & Advice
Market News & Data
General Info
Real Estate Strategies

Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal



Real Estate Classifieds
Reviews & Feedback
Updated over 9 years ago on . Most recent reply

Removing Deceased From Title - Probate?
Have a situation where a husband and wife owned a house via tenants in common. Wife passed without a will (no probate was opened) and husband passed several years later (went through probate). The personal rep (husband & wife's son) filed the Probate Letter and Personal Representative's Deed of Distribution removing the husband from title and adding both he and his bother. Title is currently in the name of the deceased wife and the 2 brothers. The brothers now want to sell the property. Question: Is there a way to get the deceased wife's name off title without having to open and go through probate? For example, providing the clerk and recorder's office a certified copy of the deceased birth certificate? Thanks in advance for your comments!
Most Popular Reply

- Lender
- Greater LA/Orange County area, CA
- 3,549
- Votes |
- 3,866
- Posts
Your timeline implies wife died first. If so, Husband or husband's estate rep would file Affidavit death of joint tenant for her interest and probate husband's probate as your post would appear to have done.
You need Her death cert.
Then Offspring brothers eliminate Dad's interest via Order for Distribution or similar doc as used in CO.
As Wayne suggested, ask your title officer who s/he needs as they will ultimately make the call when they insure your purchase and possible resale.