Posted on: 15th Sep, 2009 08:59 am
A husband and wife are both on the title and mortgage. However, the wife passes away and the husband sends the mortgage company the death certificate. The mortgage company now tells the husband that he needs to file probate of his wifes estate. Why would he have to do that if he is on the mortgage. Can't they just take the deceased wife's name off and just leave his on.
Hi Tikirose!
Welcome to forums!
If the wife has left a will, then that needs to be probated. Once the probate is complete, the property would be transferred to the heirs. If the wife has left the property to the husband, then he will receive the property and will have to refinance the mortgage. This will help the husband to transfer the mortgage in his name.
Feel free to ask if you've further queries.
Sussane
Welcome to forums!
If the wife has left a will, then that needs to be probated. Once the probate is complete, the property would be transferred to the heirs. If the wife has left the property to the husband, then he will receive the property and will have to refinance the mortgage. This will help the husband to transfer the mortgage in his name.
Feel free to ask if you've further queries.
Sussane
It is already in his name. It was originally in both of their names. Then the wife passed away. So, it is still in the husbands name. Why would he have to probate her estate, when his name was on it in the beginning?
It depends on HOW they held title to the property. If they held title as joint tenants or tenants by the entirety, then the property should pass to the husband - no probate needed. If it was tenants in common they would need to probate her 1/2 interest.