Transfer Property Agreement Without Probate
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FAQ
When a property is under the ownership of spouses as joint tenants, neither spouse owns a specific part of the property, so when one owner dies, the surviving owner automatically inherits the entirety of the property regardless of who was listed in the will as beneficiary (a person who is inheriting the property
To transfer property, you need to apply at the sub-registrar's office. You will need the ownership documents, the Will with probate or succession certificate.
When a person dies without a will, he is said to have died intestate. To have died "in intestacy" means a court-appointed administrator will compile any assets of the deceased, pay any liabilities, and distribute the remaining assets to those parties deemed as beneficiaries.
A house cannot stay in a deceased person's name, and instead ownership must be transferred according to their Will or the State's Succession Law. Once the new owner is determined, that person must file for a new deed for the home with the county recorder's office.
You just need to obtain the death certificate, and existing ownership deed to the court. If your spouse had mentioned a certain division of the property in his will, then the property shall be distributed accordingly by the testator. However a sale deed will have to be executed to make it legally valid.
