Legal Question in Real Estate Law in New York

Re: Transfer of Title to Spouse w/o Will

1. If deed was in both names jointly no new deed

need be filed. As survivor, she owns property.

2. If it was only in his name, an administrator of his estate must be appointed who can then file a new deed.

Re: Transfer of Title to Spouse w/o Will

Go to county surrogate's office in your county of residence and apply to become administrator of his estate. As administrator, you will have authority to sign and record a new Deed. If you have children, you must follow the intestacy statutes of NY, which may give them an interest in the house as well (check with the surrogate on this). If they are entitled to a share of the house, they can renounce their interest in favor of you, if they are adults. Ask the surrogate about this also.