If my spouse and I both own our home, is a TOD deed necessary for my husband to receive full ownership without probate?

Estate Probate

Richard

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A Transfer on Death Deed can be a great tool to ensure your husband receives the property without going through probate. However, it's important to ensure it's properly executed and recorded.

Recording the deed with the county recorder's office is the next important step. This ensures that the deed is legally recognized and will take effect upon your passing.

When you go to the county recorder's office, you'll need to bring the original Transfer on Death Deed that you've drafted. Make sure it's signed and notarized, as this is typically required for recording. Once you're there, you'll submit the deed to the clerk, who will record it in the public records. There might be a small fee for recording, so it's a good idea to check with your local office about the exact amount.

After it's recorded, you'll receive a copy with a stamp or notation indicating that it's been officially recorded. This copy is important to keep for your records.

Transfer on Death (Beneficiary) Deed Form

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I am preparing a Death Deed and wanted to know if that is all my husband would need after I pass away to receive full custody of our home without having to go to court.

Lexi, Chatbot

I understand that you're concerned about ensuring your husband can receive full custody of your home after you pass away. Can you tell me if you have already drafted the Death Deed or are you still in the planning stages?

I have drafted a death deed.

Lexi, Chatbot

Is the home currently held in both your names, or is it solely in your name?

Both of our names.

Richard

Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I understand you're preparing a Death Deed to ensure your husband receives full custody of your home without court involvement. Could you tell me more about any steps you've already taken regarding this matter?

I've only gone online and drafted up a Transfer of Death Deed, I just wanted to know if that would be enough.

Richard

Have you had a chance to record the deed with your local county recorder's office? This step is crucial for the deed to be effective.

Not yet, but I was going to do that next, once I confirmed that I was on the right track.

How do I file and what is required when I get there?

Richard

A Transfer on Death Deed can be a great tool to ensure your husband receives the property without going through probate. However, it's important to ensure it's properly executed and recorded.

Recording the deed with the county recorder's office is the next important step. This ensures that the deed is legally recognized and will take effect upon your passing.

After it's recorded, you'll receive a copy with a stamp or notation indicating that it's been officially recorded. This copy is important to keep for your records.

Richard

If you have any questions while you're there, the staff can usually provide assistance. Let me know if there's anything else you'd like to know!

No that sounds simple enough. Thank you :)

Richard

I'm glad I could help! If you have any more questions in the future or need further assistance, feel free to reach out. Take care and best of luck with everything!

Thank you, Good Bye.

Richard

No problem.

Richard

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