No. An executor must be appointed by the court. That appointment gives the executor the authority to deal with any real estate owned by the decedent. The executor does not need to "add their name" to any deed. Once appointed, the executor has the authority to handle the real estate according to the provisions in the Will or the probate laws if the authority to sell the real estate wasn't granted in the Will. You should discuss this issue with the attorney who is handling the estate.
If there is also a mortgage that will be recorded the attorney cannot add a name to the deed without notifying the bank. The bank would withdraw from the transaction since the added grantee didn't go through the approval process and sign the note and mortgage. If it's a cash deal, a name could be added to the deed with the consent of the original parties to the transfer.
Doing so will only avoid probate if the title specifically states it is joint with right of survivorship.
That is done through the probate process. The executor can make the change and issue a new deed.
removing husband from home when name is not on the deed?
Yes as the house could still be claim to pay any debts you have.
You have to go through the probate process. The executor will have the ability to issue a new deed to the new owner.
The sibling does not have the right to change a grant deed. Only the property owner can make such a change.
The decedent's estate must be probated in order for legal title to vest in the heir(s). Probate is part of the public records that affect real estate. You are not required to arrange for a deed in your name since the probate records will show that you are the owner by inheritance. However, if you want the property recorded in your name you should consult with the attorney who handled the estate. She/he can draft a deed properly for your jurisdiction and the deed should be recorded in the land records immediately.
Ownership of property is transferred by a deed or by a probate proceeding. The present owner of the property must execute a deed that names you as the grantee. If you inherited the property you should consult with the attorney who handled the estate if you want the property transferred to you by a deed.
Deed
You need to contact an attorney who specializes in probate. Your husbands estate must be probated if he owned real property in his own name.
You are very wise to do your estate planning now. The best way to avoid any problems is to make certain the will was drafted by an attorney who specializes in probate. Also you must make certain there is an original copy readily available to your partner if you should die. Without the will she will get nothing. Check with your local probate court. Many courts allow a person to file their will ahead of time for safe-keeping for a nominal fee. You can also have a transfer of deed ,upon your death. This would mean that upon your death the deed to your property(home) would automatically transfer to her name. Without going into Probate court. Saves a lot of time and money. Laurenelyse
You are not required to record a deed. If the estate was properly probated the probate process passed legal title to you and probate records are part of the public record of real property ownership. Some bankers who do not understand title theory will insist you record a deed before approving a new mortgage. Some people who inherit property want a deed in their own name. However, if a bank is not involved whether ot not to have a deed drafted and recorded is up to you. You do not need a deed. If a deed is required it should be drafted by an attorney.
You and the "someone else" create and sign a new deed for the home that includes the wife's name, and then you record it with the registry (or assessor, or local equivalent).