Legal Question in Real Estate Law in New Jersey

Re: Name on Deed to house

The answer depends on how the property was held when your father was alive. If the deed to father and mother was given while they were married and it is for property located in New Jersey that they bought as their maritial home, then they probably held it as tenants by the entirety. In that case, your mother automatically acquired all your father's interest at the time of his death by operation of law. She doesn't have to do anything. If, on the other hand, they acquired their interests at different times or prior to the marriage or, if the deed says "tenants in common" or fails to mention that they were husband and wife, it may be necessary to take some further action to deal with your father's interest.

See also: http://info.corbettlaw.net/lawguru.htm