If you recently experienced the death of your spouse, you likely have some questions about the different issues you need to address. The surviving spouse must provide proof of If the title was only in the decedent’s name, you’ll need to determine if the estate is being probated. The affidavit will provide all of the information needed to remove the name and clear the title. Once a vehicle owner has passed away, the process for transferring the car title of the deceased person varies depending on whether the vehicle title was in the individual’s name as a decedent or whether it was in a joint ownership. How do I remove a deceased joint tenant's name from the title of my property? Contact your local Title Company and ask them to research the vesting. If the application is filed within one year of the spouse's death, there is no charge. How To Remove A Deceased Person’s Name From A Deed In Broward County And Throughout Florida. The application must be accompanied by the existing title and a copy of the death certificate. for the expedited title fee, if applicable, for a certificate of title issued for a motor vehicle solely to remove a deceased co-owner from the title registered in the names of two persons if the other co-owner is the surviving spouse. If the married couple had a community property agreement it may be possible to use a death certificate and the community property agreement to clear the title of the deceased spouse's name. Step 4 Visit your county recorder's office. If you own a home with your spouse or another person, and that person passes away, you must remove the name of the deceased from the house deed to prevent possible legal and financial issues later on. There are several factors that need to be reviewed by your attorney to determine how to get a "clean" title for the title company. There are specific procedures used, depending on whether you jointly owned real estate with your spouse and whether your spouse had a last will and testament. Many banks, title companies, real estate offices and law offices provide notary public services. When two or more property owners hold title as joint tenants with right of survivorship, and one co-owner dies, the surviving owners share the decedent's interest in the land by function of law, and outside of the probate process. Removing a Deceased Spouse from a Mortgage ... the decedent's interest upon the decedent's death. You will need to record a new transfer document to remove the deceased joint tenant from the ownership of the property; usually we see an Affidavit of Surviving Joint Tenant document used in this situation. Removing the name of a deceased person from a deed to property is a commonly asked question. 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