Legal Question in Real Estate Law in Colorado
I read "If both names of a married couple appear on the deed, the property automatically transfers to the surviving spouse. It can be through joint tenancy with right of survivorship, tenancy by entireties or community property with right of survivorship. These methods bypass probate court. The deed must be altered for future sale or heirs."
My husband is deceased. I have the deed to our home. I am not sure if it is tenancy with right of survivorship or tenancy. It says "Deed of Trust" on the document and both the my husband (deceased) and miy names are on the document "Husband AND Wife" .
In the state of Colorado, is it necessary to remove the deceased spouse from a Deed Form in order for the property to pass to the surviving spouses heirs (the wife in this case) upon my death?
1 Answer from Attorneys
You don't need to remove the husband for it to pass to your kids, assuming it is joint tenancy with right of survivorship, but it might be simpler to remove him now. To remove him, in Colorado, you need to file a death certificate and someone not on the title (i.e., not you) needs to sign and notarize and affidavit and file this as well with the clerk and recorder stating that the facts in the death certificate are correct. You probably want a lawyer to review the deed (it would not take long). Hope this helps.
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