26 Apr How does a surviving spouse record a deed in their name only?

Q. A home owned by husband and wife with rights of survivorship does not get probated and passes automatically to the survivor. How does the surviving spouse get new deed in their name only?
— Widow

A. It’s a great question.

Here’s what you need to know.

In New Jersey, a surviving spouse must file with the county’s recorder’s office to obtain a new deed, said Anibal Guerrero Russo, a certified financial planner with Peapack Private Wealth Management in Bedminster.

“The process requires the surviving spouse to provide the deceased spouse’s death certificate and a statement from the probate court,” Guerrero Russo said. “Updating the new home’s title is highly recommended, as the new owner will appreciate a smoother process of transferring property taxes due and utility connections.”

As part of the process, seeking advice from an attorney is always recommended to ensure all channels are being covered, Guerrero Russo said.

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This story was originally published in April 2024.

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