Posted on: 20th Aug, 2009 05:35 pm
my husband has recently passed away leaving me the house, but the house was only in his name and it still has a mortgage. i am able to secure a mortgage without a problem but i am just wondering when i can get the title deed transfered into my name do i have to wait for it to go through probate?
Hi emma,
If your father had a will, then that will needs to be probated. However, if there's no will, then you can simply file an affidavit of heirship at the county recorder's office and transfer the property in your name.
If your father had a will, then that will needs to be probated. However, if there's no will, then you can simply file an affidavit of heirship at the county recorder's office and transfer the property in your name.