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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 110473
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My husband passed away this month and has left a will

Customer Question

My husband passed away this month and has left a will behind. I wanted to transfer the house to my name. Is this the right time and which lawyer could help me
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
In order to open probate, which you would have to do on his estate, you would need to wait 30 days from the date of his death to file in probate court.
If the deed to your home is listed as tenancy in common, you will have to submit the matter to probate to change the deed over. If the deed is Joint Tenants or Joint Tenants by Entirety, then you can change the deed without probate because upon death of one tenant the other tenant has survivorship rights and all you need to do is go to your town property clerk and present proof of death to change the home over to your name alone.
For probate, you would need a local probate law attorney which you can find at the same sites used by other attorneys, or